Uphaar case: Subramanian Swamy doubts re-opening, advices to explore new avenues

After the Supreme Court, on Thursday, February 20 rejected the curative petition filed by Uphaar Tragedy victims, BJP leader Subramanian Swamy said that it was difficult for the court to reverse their judgment. He further added that the Association for Victims of Uphaar Tragedy (AVUT) can approach new lawyers as there could be enormous ways to re-open the case. This comes after the former Supreme Court judge Gyan Sudha Misra said that she supports reopening the case. 

Subramanian Swamy on Uphaar case re-opening 

Speaking about the Uphaar case, Subramanian Swamy said, “Supreme Court has enormous powers, by new methods they can always devise a way. If their mind is made up, then no one can force them. There is no way that Parliament can do anything about it. Because this is the matter of judgment, the Parliament has no authority to reverse it. The curative petition has a limited scope and we must understand that. It is very very very very rare that the Supreme Court has reversed something. But I think the family should consider the new lawyers like Ishkaran Bhandari and ask him if there is a way of doing it. I will certainly help to the extent until he needs my help.” 

Read: BIG: 'I support re-opening of case,' says ex-SC judge who heard Uphaar fire tragedy case

Former Justice Gyan Sudha Misra on reopening Uphaar case 

Speaking to Republic TV's Editor-in-Chief Arnab Goswami on 'The Debate', Justice Misra said, "Yes, re-open the case. I would support the re-opening of the case." She added that her judgement had increased the sentence to two years, but the matter went up in appeal to a larger bench and then it was reduced. 

Read: ''No lessons learnt from Uphaar cinema fire tragedy'': Vijay Goel in LS

"Had my judgement been upheld, Gopal Ansal would have been behind the bars to serve the full sentence," the former SC judge said. She also asked, "Why the two-year sentence, which was the maximum sentence, reduced to 1 year?" 

Read: Uphaar fire tragedy case: Ansal brothers escape jail term as SC rejects curative plea

SC rejects curative plea 

A bench of Chief Justice S A Bobde and Justices NV Ramana and Arun Mishra on Thursday rejected the curative plea of the Association for Victims of Uphaar Tragedy (AVUT) in Uphaar cinema fire case. "We have gone through the curative petitions and the relevant documents. In our opinion, no case is made out... Hence, the curative petition is dismissed," the bench said in its order. 

Read: Victims' families 'shattered' as Ansal brothers avoid further jail time for Uphaar fire