New Delhi :
Supreme Court will give an open court hearing on a petition seeking review of its August 19, 2015 judgement by which real estate barons Sushil and Gopal Ansal were required to serve two years jail term if they failed to pay Rs 30 crore each within three months in the 1997 Uphaar fire tragedy.
A three-judge bench comprising justices A R Dave, Kurian Joseph and A K Goel after in-chamber proceeding decided to hear the review petition filed by the CBI and the Association of Victims of Uphaar Tragedy (AVUT) in an open court.
59 cine-goers had died of asphyxia during the screening of Bollywood movie ‘Border’.
The Ansals have already deposited Rs 30 crore each.
The probe agency, in its review plea, has said the apex
court did not give it time to put its views forth which has resulted in the “miscarriage of justice”.
“Due to the paucity of time on the day on which this case was heard, the prosecution could not adequately put across the reasons why this court should not substitute a monetary fine in place of a jail sentence.
“This petition also seeks to raise issue of an apparent error of law in the judgement and order of this court which has occasioned a grave miscarriage of justice,” the agency said in its plea.
The association and the CBI had also filed application seeking open court hearing on the review pleas.
The three-judge bench had, on August 19, sent Ansal brothers, Sushil and Gopal, to two-year rigorous jail term if they failed to pay Rs 30 crore each within three months.
In a judgement on September 23, the bench had said the “magnitude” of the tragedy case “calls for a higher sentence” but the court has to limit itself to the choice available under the law.