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J.D.KAPOOR
Ansal Theatres and Clubotels Pvt. Ltd. – Appellant
Versus
State – Respondent


Counsel for the parties:
For the Petitioner:Mr. Ram Jethmalani, Sr. Adv. with Mr. R.S.Suri, Mr. J.S. Chhabra, Mr. Peeyosh Kalra, Mrs. G. Suri. Mr. Shlesh Kumar and Mr. Yogesh Dahiya, Advocates.
For the Respondents:Mr. R.N. Trivedi, ASG with Mr. Y.K. Saksena and Mr. Jayadeva Prasad, SPP. Mr. K.T.S. Tulsi, Sr. Adv. with Mr. K. Sultan Singh. Mr. Vikas Pahwa and Mr. Deepak Dewan, Advs. For Association of Victims of Uphaar Tragedy - Respondent No. 2.

JUDGMENT

J.D. Kapoor, J. - Petitioners are owners of Uphaar Cinema which witnessed dance of death on 13-6-1997 when hundreds of people who had gone to see first show of the movie released on that day were trapped inside as the fire broke out and smoke emitted by it was sucked in through A.C. ducts. Large number of people were choked to death while several received injuries. The doors were so locked that the people inside could not find their way out though they started running helter and skelter to save their lives. As many as 59 lives were lost due to asphyxia and many were injured as the gangways and exits remained closed. Balcony turned into a gas chamber. The fateful day turned out to be baneful day. City's eyes were suffused with tears. Whole world felt aghast by the heart-rending scenes of horrified citizens, victims' kiths and kins. near and dear ones.

2. It was one of the worst man made tragedies. Investigation revealed gross violation of Electricity rules. Cinematograph Act. Building Bye-laws, absence of gangways absence of adequate facility of the exit from balcony absence of second staircase and absence of any help from staff on duty. Greed and corruption proved to be th

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