This Article is From Apr 12, 2009

Ansal brothers innocent, claims Jethmalani

New Delhi: Uphaar cinema owners, Sushil and Gopal Ansal, on Monday, claimed innocence in the Delhi High Court.

They said the blaze in the theatre, which killed 59 cinegoers in 1997, had started from a negligently repaired Delhi Vidyut Board (DVB) transformer.

",The proximate cause, the nearest to the commission of offence, is the act of Delhi Vidyut Board (DVB) technicians who, in the morning of 13 June 1997, repaired the transformer, ",senior lawyer Ram Jethmalani said while defending the Ansal brothers, who were earlier sentenced to two years jail term in the Uphaar fire tragedy case.

Advancing the final arguments before a bench of Justice H R Malhotra, he said the transformer belonged to the government-owned power company, DVB, and on the fateful day, DVB technicians repaired it.

Citing legal provisions, Jethmalani said, ",the cause of death was asphyxia. And how come, the Ansals caused this to the patrons of the cinema hall,", he said, adding the theatre's transformer, which was lying adjacent to the DVB transformer, did not catch the fire.

The Ansal brothers, who along with ten others, were sentenced to varying jail terms by a trial court on November 23, had challenged their conviction saying they were not handling day-to-day affairs of the cinema in which 59 cinegoers died due to asphyxia.

While over 100 others were injured in a subsequent stampede, following a devastating blaze at Uphaar cinema on 13 June 1997.

Assailing the Ansal brothers' conviction, Jethmalani said the trial court had ",gravely", erred in concluding their act constituted the criminal negligence, causing victims' death.

The final arguments remained inconclusive and would continue on March 14.
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