A 6000 day wait on justice: The Uphaar tragedy commiserations

Krishnamurthy

A mother always remembers, Neelam Krishnamurthy had said two years – 730 days – ago. She had been talking about the 1997 Uphaar cinema fire in which her teenage daughter and her son died. It’s been 18 years since that fateful day but she still counts the days like an imprisoned person. “6570 days.” 

Krishnamurthy is one of many awaiting closure while Supreme Court deliberates the sentence to be given out to the real estate barons Sushil and Gopal Ansal – the owners of Uphaar who were convicted for willful negligence causing death on March 5 last year. 

Another evidence tampering case against the Ansal brothers is pending before the Patiala House Courts Complex Chief Metropolitan Magistrate Sanjay Khanangal. The 56-year-old Krishnamurthy has never missed a single hearing in the case that’s stretched on for nine years.

“You would be my daughter’s age,” she can be heard telling the younger reporters who perchance upon her in the district courts.

Meanwhile SC continues to deliberate on the question of quantum of punishment to be given to the Ansal Brothers. It was sent to a larger Bench for determination last year.

The fire in Uphaar cinema located in South Delhi broke out during the screening of the movie Border. Fifty-nine corpses were recovered. Corners’ reports show that they suffocated to their deaths. During investigation it was revealed that the Ansals’ building did not comply with fire safety standards. One of the Fire Exits was blocked by extra seats, so the trapped victims could not get out of the burning hall.

“Members of the Association hope that the larger Bench would consider the enormity of the tragedy before deciding on the quantum of sentence. It is very evident from the findings of the Supreme Court that 59 invaluable lives were snuffed out due to wanton disregard of the statutes with the intention of making extra money rather than ensuring the safety of patrons. We also hope that the decision on the quantum of punishment is such that it would send a strong message to the occupiers and owners of public spaces that they cannot endanger human lives to fill their coffers,” AVUT (Association of Victims of Uphaar Tragedy) president Krishnamurthy said.

On Saturday June 13, the AVUT will hold held a prayer meeting marking the 18 years which have passed since they lost their loved ones. 

They are demanding the sentence of the Ansal Brothers be decided by SC in an expeditious manner; they want the evidence tampering case in the district court to be finally heard. 

“It’s been “6570 days,” says Krishnamurthy speaking for all the living victims of the tragedy  “Don’t we deserve justice?”

(A shorter, modified, version of this article appeared in an edition of the Hindustan Times June 13, 2015 papers)

Bahadur Aur Beghar: No help for the Patiala House Court Complex's Nepali staff after Earthquake

Kishan Bahadur was a jolly, carefree soul. He's the first one telling a vakeelji who's lost his files to chill; the first to smile as you enter Patiala House court complex’s tension-drenched filing room. But since April 25, this year, Kishan Bahadur has become a different person.

He’s from Pokhara Village in Nepal, where a 7.8 Ritcher scale earthquake that hit the country last month destroyed 90% of the buildings. Kishan’s house — where his wife and two small children reside — was demolished he tells me. With a sigh of relief, he adds, no one was home at the time.

“My wife was at the neighbors, and the kids were in school. It’s only by pure luck and gods’ grace that I still have a family,” he explains.

He adds, "they don’t have a house to live in anymore and are staying with the neighnours.” He shrugs, but one can tell his pride is hurt -- he's the sort of man who believes in taking from no one.

Having no home to go back to is not the end of Kishan’s woes. Due to the sudden force majure, he also has no money for the trip home, or to fix the broken down building once he gets to his destination.

Being a proud Bahadur and has not yet asked the district judge in charge Amar Nath for help as of yet. Truth told, he confesses, he did not know asking the DJ for help was an option.

In fact, Kishan and others like him are worried that their pay will be affected if they go to Nepal during court working days. At the moment, lower court staff is only given a certain number of leaves, and anyone exceeding those gets a pay-cut.

Those Nepalis who have already used their limited number of paid holidays are not getting any concession to visit their homeland post-Earthquake.  With the typical Bahadur sense of humour he adds, the only good thing is that this happened at the beginning of the year, so not many have taken holidays yet.

Strapped for cash themselves, Kishan’s colleagues in the filing room are collecting money on his behalf. So far, ten people have contributed, and they have Rs. 2000 to give towards rebuilding a house whose value in memories cannot be quantified.

“Not a lot of the staff is being generous as well. I’ve contributed, some others have. Some know Kishan needs the money but ignore us. I mean how much can one go door to door also na?” one Reader tells me under the condition of anonymity.

There are at least 20 Pokhara villagers working as junior staff or menial labour in various district courts in Delhi. The overall count of Nepali workers within the city’s judicial system exceeds 100.

Tis Hazari court, which has about 50 Nepalis working in it has the largest number, closely followed by Saket court that employs 20 and Patiala House Court that employs 18-20 persons.

I spoke to a number of them from various district courts, and their situation was found to be similar, if not exactly, like Kishan’s story.

(This reportage is entirely in my personal capacity, has nothing to do with my employer, and was done on my own time. Any liability stemming from the same should be placed on me, and no one else.)

Ps- If you want to help Kishan and others like him, please go to the Court Staff Secretaries at the various district courts, and donate what you comfortably can to their cause.