A Delhi court on Monday issued showcause notice to Delhi Police crime branch for "misinforming the court" regarding sanction to prosecute businessman Sushil Ansal, convicted in the 1997 Uphaar cinema fire tragedy over purported fraud while getting his passport renewed.
Fifty-nine people had died in the Uphaar cinema fire tragedy.
Senior Advocate Vikas Pahwa, who appeared for Association of the victims of Uphaar Tragedy (AVUT), informed the Patiala House Court that on January 31, the last day of hearing, the Investigation Officer (IO) had made a statement that the issue of sanction for prosecution under the Passport Act is still pending consideration before the Lieutenant Governor of Delhi, whereas the sanction had already been granted on September 16, 2021, which was also duly communicated to the DCP headquarters on the same day.
"We had filed the copy of the reply by the Delhi government to the RTI application filed by Neelam Krishnamoorty. The lawyer also pointed out that the chargesheet filed in the court is only under section 177/181 IPC and 12 of Passport Act, whereas the draft chargesheet filed with the office of the Lieutenant Governor was under sections 420/177/181/192 /197 IPC and the Passport Act. It is surprising to note how such important sections were deleted when the chargesheet was actually filed in the court," Pahwa said.
After taking note of the submission, Chief Metropolitan Magistrate (CMM) Dr Pankaj Sharma issued show cause notice to the Crime Branch on both the accounts and has sought an explanation from them on March 4, 2022.
Sushil Ansal along with his brother and several others are presently lodged in Tihar jail after being convicted in another case related to the 1997 Uphaar cinema fire tragedy.
Delhi Police in its chargesheet earlier said that Sushil Ansal had deliberately concealed the information regarding criminal proceedings pending against him and also his conviction in his declaration in a passport application form.
The Delhi Police had filed the chargesheet against Sushil Ansal under section 177 (furnishing false information) and 181 (False statement on oath) of the Indian Penal Code and Section 12 of Passport Act.
"From the investigation, it is clear that Sushil Ansal had deliberately concealed the information regarding criminal proceedings pending against the applicant in any court of law or that she/he has not been convicted by any court of law for any criminal offence in past," the chargesheet said.
Police also submitted that during the course of the investigation, no evidence came on record against the then police officer who conducted the verification in 2013 of the passport of the accused as he carried out the verification as per laid down procedure.
A First Information Report (FIR) was registered against Sushil Ansal for concealing facts when he has applied for a passport in 2013. The FIR was lodged under the direction of the Delhi High Court.
Association of Victims of Uphaar Tragedy (AVUT) Chairperson Neelam Krishnamoorthy had alleged that Ansal concealed or gave false information to the authorities for the renewal of his passport and he obtained the passport through illegal means by suppressing material information that he was facing criminal charges and had been convicted and sentenced for two years in the Uphaar fire tragedy.
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