Delhi court begins Uphaar hearing

New Delhi: On Monday, a trial court started the final hearing of the case. Additional Sessions Judge Mamta Sehgal, who visited the Uphaar Cinema Complex in August on the directions of the Delhi High Court, will hear arguments relating to the case till September 28.

Sehgal had visited the site of the tragedy alongwith a Central Bureau of Investigation (CBI) team. The defence evidence in the case was closed on August two.

It's been nine years since the Uphaar cinema fire tragedy and justice is nowhere in sight for the families of victims who perished.

The tragedy, that took place on June 13, 1997, left 59 people - who had come to for the screening of the war film Border - dead and over 100 injured.

Of the 16 accused, four have died during the trial's pendency.

According to Sehgal's report, there was no proper passage on the right side of the balcony, the balcony's exit door lock was half detached, exhaust fans area was blocked with cardboard and an eight-seater box was recovered in the balcony of the hall.

The arguments in the case will primarily be based on the testimonies of the 191 witnesses recorded by the court.

The trial court had framed charges against 16 accused, including the proprietors of Ansals Properties, Sushil Ansal and Gopal Ansal.

Sushil and Gopal Ansal have been charged offences under Sections 304 A (causing death by negligence), 33 (causing hurt by act endangering life or personal safety of others) and relevant provisions of the Cinematograph Act, 1952.

In 2003, the Delhi High Court had ordered a payment of Rs, 15 lakh to the relatives of each of the victims who were less than 20 years at the time of tragedy and Rs 18 lakh to those who were above 20 years.

Major Fire Tragedies in India
Year	Place	Casualities
December 23, 1995	Mandi Dabwali, Haryana	425 dead
A school function in December 1995, turned into a major tragedy when a fire broke out in a school, which was holding its annual function. The state government ordered a magisterial inquiry into the incident. Former Haryana Chief Minister Bhajan Lal subsequently issued instructions that it be made mandatory for buildings holding such functions to have at least four gates, one on each side, so that people could escape in case of an emergency. There is a Dabwali Fire Victims Association, but it lacks the aggression and determination that ensured speedy justice for the Uphaar cinema victims.
June 13, 1997	Upahar Cinema hall, Delhi	59 dead, 103 injured
Fifty nine people had died and 103 were injured in an inferno at Uphar cinema hall, in New Delhi. The Association of Victims of Uphaar Fire Tragedy had sought compensation from Ansal Properties and Clubotel Ltd, which owned the theatre, and the Delhi government alleging that 'negligence' on their part led to the fire in the cinema hall. The Delhi High Court had ordered Rs 25 crore in compensation to the victims.
August 6, 2001	Erwadi village in Tamil Nadu's Ramanathapuram district	28 dead
Mentally ill patients were charred to death when a fire broke out at a private mental asylum in Erwadi in Tamil Nadu. Bodies fettered in chains were all that remained after the fire broke out. These chains were tied to the feet of the mentally ill to stop them from escaping the asylum. The N Ramdas Commission, which inquired into the deaths, concluded that the inmates died as they had been fettered and tied to poles and immediate fire aid was absent. The caretaker of the house concentrated on retrieving their personal belongings, without taking steps to rescue the patients. Subsequent to the fire, the government imposed a ban on keeping patients in fetters.
January 23, 2004	Srirangam, Tamil Nadu	54 dead, 40 injured
The Srirangam wedding tragedy cost 54 lives. The only exit to the marriage hall was a narrow staircase. Subsequent to the tragedy, fire safety measures were made compulsory in marriage and community halls, with periodic inspections by fire service personnel and the local administration.
July 16, 2004	Kumbakonam, Tamil Nadu	91 dead
A fire in the Saraswathi primary school in Kumbakonam, killed 91 children. The State police had asked the Education Department to introduce a separate chapter in the high school syllabus on fire prevention and fire fighting. In wake of the tragedy, Civil Defence and Fire Services decided to introduce a separate set of rules for all educational institutions under the Fire Force Act, 1964, to enforce proper fire prevention and fire-fighting measures.