Senior advocate Ram Jethmalani, representing Gopal Ansal, told a bench of Justices Ranjan Gogoi and Navin Sinha that the apex court had on February 9 asked Gopal to surrender within four weeks and the time would expire tomorrow.
Jethmalani said he would not be available on March 9 and 10 as he has to go to Pune for teaching assignment and the bench can fix Gopal's appeal for hearing immediately after the reopening of the apex court post Holi vacation on March 20.
"We know that the period is expiring tomorrow and that is why the matter has been listed for tomorrow. It is very unlikely that we (two-judge bench) will extend it. The matter has been earmarked and fixed before a different combination (of judges), so this combination cannot pass any order on extending the time," the bench said.
"It (matter) is coming up tomorrow before the bench and we will see," the bench said.
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Gopal, who was in jail earlier for around four-and-a-half
months, has sought the relief on the ground of parity claiming that he was 69-year-old and would suffer irreparable damage to his health if sent to prison.
The plea has said "his body and health are more brittle than that of his elder brother".
In its application, Neelam Krishnamoorthy-led AVUT has said both Sushil and Gopal Ansal are healthy and should be sent to jail to serve the remaining sentence in the case.
The victims' have also opposed Gopal Ansal's plea saying the review pleas of CBI and AVUT have already been decided and "there cannot be a review of the review judgement".
59 persons had died in the Uphaar cinema during the screening of Hindi movie 'Border' on June 13, 1997.