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2003 Supreme(Del) 380

MUKUL MUDGAL, S.K.MAHAJAN
ASSISTANT OF VICTIMS OF UPHAAR TRAGEDY – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
Anil Grover, Ankur Jain, ASHOK DESAI, JAGJIT SINGH CHAWLA, K.T.S.Tulsi, Manish K.Saryal, MILAN BANERJI, Mukul Gupta, NARESH MATHUR, Navin Chawla, P.P.MALHOTRA, R.S.Suri, RAJIV DHAWAN, RAVIKESH SINHA, S.K.DUBEY, SULTAN SINGH, SUSHIL SALVAN, VIKAS PAHVA, YASHVANT DAS

S. K. MAHAJAN

( 1 ) IN the posh area of south Delhi in Green Park is located the Uphaar Cinema. Though it was constructed sometimes in 1973, however, after renovation in 1996/97, the first film released in this theatre on Friday, the 13th June, 1997 was "border". The film had a patriotic fervor and was based on the 1971 Indo-Pak war. During the matinee show of the film, immediately after the interval, the audience in the cinema hall saw smoke coming out of the side of the screen. Most of the patrons sitting in the hall thought it was some special effect which was a part of the film realising little that a fire had broken out in the cinema building. By the time they realised that the smoke had engulfed the hall because of the fire in the building it was too late for many of them to leave the balcony. The entire balcony area and the stairs leading to the balcony were so full of smoke that it had became impossible for many of the patrons to go out of the building and as a result thereof 59 people, which included infants and children, lost their lives because of asphyxiation and about 103 other persons sustained injuries. Immediately after the incident of fire, the Lieutenant Governor v









































































































































































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