Ansal Buildwell Ltd. chairman and managing director Gopal Ansal will have to wait for some more time for the Supreme Court's nod to travel abroad for his business dealings - as Justice Vikramajit Sen Monday recused from hearing his application.
"I can't hear the matter. I will see if it can be heard by another bench," said Justice Sen as senior counsel Nidhesh Gupta mentioned before the bench of Justice Sen and Justice Shiva Kirti Singh the real estate magnate's application for court's permission to travel to London and America for his business dealings.
An apex court bench of Justice Jagdish Singh Khehar and Justice C. Nagappan Friday said that Ansal's application would be heard by the court on Monday.
Ansal, in his application, said that he would be going to London from June 16 to June 20 and to the US from June 20 to June 27 and would be back in India June 28/29. He said he was going abroad for business development and any delay in his travel plan would dearly affect his business and, in turn, adversely affect 500 employees working in his companies.
An apex court bench of Justice T.S. Thakur and Justice Gyan Sudha Misra (since retired) by its March 5 order upheld the conviction of Ansal and his brother Sunil Ansal in the Uphaar cinema fire tragedy case but due to differing position on the quantum of sentence, the matter was referred to a three-judge bench.
The Ansal brothers were convicted for the June 13, 1997, Uphaar Cinema fire tragedy that claimed 59 lives and left 100 injured.
Justice Thakur, upholding the Delhi High Court verdict, said that both Ansals would undergo a sentence of one year each as awarded by the high court, while Justice Misra, holding that "no leniency can be shown", said that the brothers should undergo the maximum sentence of two years as provided under Section 304A (causing death due to rash and negligent acts) of the Indian Penal Code.
However, Justice Misra substituted the second year sentence with a fine of Rs.100 crore divided equally between the two brothers.
Justice Misra then said this money would be used to set up a Trauma Centre at Dwarka which does not have any government medical facility. The trauma centre, which would be the extension of Safdarjung Hospital, would also have super speciality wing and a burns ward.
She said that trauma centre at Dwarka would be set up by the Ansals on a five-acre pilot to be given by the Delhi government for the culpability of Delhi Vidyut Board in the case.
She also directed that, in view of his advanced age, Sushil Ansal's period of imprisonment will be one that he has already undergone.
The trial court Nov 20, 2007, convicted the Ansal brothers and others under section 403 of IPC and awarded them two years sentence each but the high court by its Dec 19, 2008, verdict convicted them under Section 304A and reduced their sentence to one year each.
