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Supreme Court of India 2017-02-09 dismissed

Association of Victims of Uphaar Tragedy vs Sushil Ansal and Another

Bench: 3 — Kurian, Adarsh Kumar Goel

In Brief

This case arose from the Uphaar Cinema fire tragedy of 1997 in Delhi, where 59 people died. The cinema owners, Sushil Ansal and Gopal Ansal, were convicted of criminal negligence under Section 304-A IPC. A two-judge bench disagreed on sentencing. The resulting three-judge bench (in 2015) enhanced the sentence to two years but imposed a substantial fine (Rs. 30 crores each) in lieu of additional imprisonment, with the fine to fund trauma centres. The review petitions challenged this approach. The Supreme Court dismissed them, holding that the three-judge order was valid: it imposed fine in addition to (not substitution of) imprisonment, served legitimate penological purposes, and was a valid exercise of discretion under Section 63 IPC. The principle of parity extending leniency to both accused was justified on the peculiar facts.

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Criminal Law Sentencing Judicial Review Negligence Criminal Negligence Cinematograph Act Procedural Law Review Jurisdiction

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