The Real Couple Behind ‘Trial By Fire’ & Their Long Battle For Justice After Uphaar Fire Tragedy

A recent Netflix series Trial by Fire based on the tragic incident of the Uphaar cinema displayed the dark and painful side of the fire massacre. Because of the release of the Netflix mini-series, Trial by Fire, Uphaar Fire Tragedy has become the nation’s talk again.

The fire broke out during a screening of JP Dutta’s war fiction Border at Green Park, Delhi. It was reported that 59 people died of asphyxiation and nearly 103 people were seriously injured in the subsequent stampede. The Uphaar fire tragedy took place in Delhi on June 13, 1997, 26 years ago.

The limited series received immense love from the audience as it showcased a hard-hitting yet compelling journey of two parents fighting for justice for over two decades. The series shows the brutal legal battle and the tough journey of two parents who lost their children in the fire. The Netflix series stars Abhay Deol and Rajshri Desphande play the couple.

The parents, Neelam and Shekhar Krishnamoorthy penned their tragic legal battle in a book titled, Trial by Fire: The Tragic Tale of the Uphaar Fire Tragedy. It has been a best-selling book and the series is based on it.

We have been curious to know the full story of the Indian couple who went against all odds and fought to seek justice for their dead children. The story is not only inspiring but also eye-opening.

The legal battle of Neelam and Shekhar Krishnamoorthy, who spent over two decades seeking justice after they lost their kids in the tragic Uphaar fire in Delhi

Neelam Krishnamoorthy and Shekhar Krishnamoorthy lost their children Unnati who was 17 and Ujjwal who was just 13 to the devastating fire that consumed Uphaar Cinema.

There is another story that everyone needs to know, the story of Neelam and Shekhar Krishnamoorthy’s pursuit of justice with the country’s poor legal system. Once caught in the maze of the Indian legal system it is difficult to get out of it successfully. The influence of wealth disrupts the fair practice of law and affluent people often get the upper hand. Ordinary citizens seldom get justice fast and in a hassle-free way. The couple had to go against major powers to seek justice.

How did the Uphaar fire break out?

It was reported that the cause of the fire was due to bad repair work done on a faulty transformer. The cinema was underprepared for a fire which was the major cause of the deaths. With lost power and total chaos, the cinema hall was engulfed in smoke.

The people in the balcony area were trapped badly as they found it difficult to escape. While those on the lower floor managed to escape. To make matters worse, the firefighters took more than an hour to reach the site.

A senior advocate appearing for the CBI, Harish Salve told the Delhi High Court in 2007,

“Safety measures, meant for panic situations, were not in place in the ill-fated theatre… the persons, who were getting financial gains from the operation of the cinema, were criminally liable for the lapses.”

The owners of the cinema hall were Sushil and Gopal Ansal. They made a lot of mistakes during the construction of the building. Their insincere work cost the lives of 59 people including Neelam’s children.

The equipment was poorly maintained and its placement was wrong too, which disregarded a whole set of norms. There were not enough safety measures in place in the cinema hall.

According to an Indian Express,

“There were no exit lights, foot lights, or emergency lights in the cinema — when the building lost power, the hall became pitch dark. There was also no public announcement system to alert the movie-goers of the fire. In the darkness of the cinema hall, it took a significant while for viewers to even realise there was a massive fire in the building.”

To add to the commotion, the exits were locked and the passage between rows of seats (gangways) was blocked too. To raise the number of seats, the owners had made unauthorized extensions that blocked the ways. Even the areas that were supposed to be empty were full because of some illegal businesses operating.

Neelam and Shekhar fought for justice after realizing that their children were trapped and could have been saved

When the tragedy occurred most people didn’t know the actual reason and accepted it as an accident. But when it was investigated and the cause was published in newspapers, it caught the attention of Neelam and Shekhar. After 13 days of the fire incident, the mourning parents came to realize that their children could have been saved.

The couple talked to others who also lost their loved ones, those who had survived the tragedy. They came to know about the horrific fact that the balcony exits were locked for those watching the film from there.

Their tears soon turned into anger which led them to take legal action against the owners of Uphaar Cinema. They went to senior advocate KTS Tulsi for legal advice, who took up their cause pro bono. Tulsi offered an essential piece of advice to the couple, he asked them to form an association with those who lost their loved ones and want to fight the case. Neelam mentioned,

“He said he would do it pro bono. There was a ray of hope. In the 90s, there were some good people around, which we don’t have now”

When Neelam and Shekhar decided to take the fight to the courts, initially, the couple didn’t even know the difference between a civil and a criminal case.

Neelam said,

“I didn’t know what the courts looked like, how they functioned, I knew nothing. Neither did Shekhar. But somewhere, we had been working with a lot of Europeans. I was well aware that our rights had to be protected and I realised that right to life of my children had been snatched away”

The couple regularly went through obituary columns in newspapers and penned down the names and numbers of those who had lost their loved ones to the fire.

While some families agreed and joined their association, some ignored their call to seek justice. Various reasons caused them to opt out of it like grief or threats issued by vested interests.

Neelam and Shekhar successfully put together the Association of Victims of Uphaar Tragedy (AVUT) on 30 June

After this, a legal battle against the owners of the cinema, Gopal and Sushil Ansal followed for years. The owners were Delhi’s real estate moguls at that time. They were quite influential and had enormous resources.

The couple played the role of researchers, paralegals, and activists in order to seek justice not only for their children but also for all the families who lost their loved ones in the gruesome fire.

They even visited the scene of the tragedy to collect information overlooking their personal trauma to help their case. To seek the justice they gave up substantial amounts of their own personal business.

For Neelam and Shekhar stepping inside the place where Unnati and Ujjwal died was traumatic. Neelam said,

“I was a little hesitant even before I put my first step inside. Shekhar just held my hand and said don’t worry, ‘I am with you. We will do it together’”

The couple decided to go to the balcony to see where the children sat during the movie. Their seats were A4 and A5, under which the parents saw strewn soft-drink bottles.

The mother stated,

I wanted to see where my children sat. I just wanted to be there

 

Neelam added,

“My son didn’t have his glasses on when I saw him last. So I thought they must be there somewhere there. They must have fallen off. I don’t know for how long we were there”

 

The trouble they got through in their pursuit of justice

• They were met with frequent court adjournments
• Puzzling legal applications from the defendants
• Lost hold of original court records
• Faced incompetence from the state
• Evidence tampering which led to delays
• Suffered verbal abuse, physical intimidation, and years of mockery

Nothing seemed to discourage the courageous parents. They didn’t lose focus and determination even when the legal system seemed to go easy on the accused.

In a 2021 interview with Bar and Bench, Neelam recalled a moment in 2015 that was the only time she cried

It was when the Supreme Court raised the period of imprisonment for the Ansal brothers from one to two years but added that if the convicts can pay a fine of Rs 30 crore each within three months, they wouldn’t have to serve jail time anymore given their age. She mentioned that she lost faith in the judicial system after this.

Neelam informed the legal media publication,

“When I came out of court, I burst into tears. That was the only time in my life I couldn’t control myself. I felt traumatised, let down by the system. I lost faith in the very system I had faith in from 1997 till 2015,”

In 2017, again the Supreme Court demanded that the brothers pay a fine of Rs 30 crore each, which would be used to construct a trauma center at Safdarjung Hospital. This was considered one of the few positive outcomes of the case. The families of the victims also got compensation.

About the trauma center at Safdarjung Hospital, the couple said,

“Ordinary people lost their lives and it was due to efforts of ordinary people that the trauma centre had come up. We gave a representation to the government that you should dedicate one wing to the victims of Uphaar tragedy, but they dedicated it someone else. Credit always goes to the politicians.”

Meanwhile, Sushil Ansal was let off after spending a total of five months in prison without further imprisonment because of his age (77) and health problems. His brother Gopal was ordered to serve a year.

Finally, in November 2021, the accused brothers were sentenced to seven years simple imprisonment for evidence tampering by a Delhi court

Seven years of simple imprisonment in a separate case related to evidence tampering. A fine of Rs 2.5 crore was also imposed on each brother.

Another Delhi trial court ordered their release against the jail term in July 2022, which was already undergone by them since November 2021.

The Principal District and Sessions Judge of Patiala House Court had reduced the real estate moguls Ansal brothers’ 7-year jail term to the “period already undergone” in judicial custody in the case on July 18, 2022.

The judge remarked,

“We empathise with you (Association of Victims of Uphaar Tragedy chairperson Neelam Krishnamoorti). Many lives were lost, which can never be compensated. But you must understand that penal policy is not about retribution. We have to consider their (Ansals) age. You have suffered, but they have also suffered”

Before leaving the courtroom, brave Neelam remarked to the judge,

“This is complete injustice. We cannot have faith in the judiciary if the accused is rich and powerful… I made a mistake by coming to court. The system is corrupt.”

The AVUT refused to give up its legal battle. They moved the Delhi High Court against the trial court order.

In an interview with The Indian Express, ahead of the release of the Netflix show, Neelam said,

“We didn’t spend as much time with our children on this Earth as we have seeking justice for their murders. We are serving a living death sentence; it has been 26 years, and it is still on.”

Speaking to the publication, Shekhar added,

“That day, [of the Uphaar Cinema fire] when we came back home, I asked Neelam what do you want to do? She said I want to fight, and that is what we have been doing and will keep doing.”

Uphaar Fire Tragedy: The mother who still finds strength from children she lost two decades ago

by @thereal_aamirk

Read More: https://t.co/06bmHFVAYA

— Bar & Bench (@barandbench) December 29, 2021

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