Delhi’s Patiala House Court has allowed victims of the Uphar cinema fire tragedy to assist the Prosecution in a case against businessman Sushil Anshal, who has been charged under the Passport Act.
This case was lodged in pursuance of the order passed by the Delhi High Court on a petition moved by the Association of Victims of Uphar Tragedy (AVUT). Chief Judicial Magistrate (CJM) Shriya Agrawal allowed the application seeking permission to lead evidence in the case against Abshal.
There Is No Bar In Law, Says CJM Shriya Agrawal
“It is observed that the Association at the instance of which the law was set into motion in the present case ought to get a right of assisting the prosecution, to which liberty, there is no bar in law,” CJM Shriya Agrawal said in the order passed on Monday, August 4.
The Court ordered, “Accordingly, as opposed to being given the reins of the prosecution itself, the Association is at liberty to assist the prosecution in the present case, by accord of which participatory rights given settled jurisprudence on the subject, no prejudice would be caused to the accused.”
The AVUT had moved an application through its president, Neelam Krishnamurthy, and arguments were heard on July 19. Expressing a lack of faith in the investigating/prosecuting agency, the plea was moved.
Senior Counsel Vikas Pahwa appeared for the association and argued that the Association should be permitted to prosecute the matter, considering the grievances underscored in the manner concerning the investigation and the way chargesheet was eventually filed, obviating certain offences which ought to have been part of the charge sheet.
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