LAW FOR ALL

Victims of Uphaar Tragedy=As regards Section 65 IPC which puts a limit of imprisonment for default sentence upto ¼ of the term of imprisonment, the grievance against higher default sentence, if any, can be only by the accused and not by the State. Moreover, it is not a case of higher default sentence being awarded but of giving option to pay higher for reduced sentence. There is, thus, no conflict with sentence prescribed by IPC as submitted by the review petitioners. There is also no merit in the contention that once the Court felt that higher sentence was required to be imposed, sentence less than one year cannot be awarded. Order of the Court has to be seen as a whole and cannot be split into different sentences[4]. The operative part of the order has already been quoted hereinabove which shows that the Court has tried to balance the interest of justice and while holding that sentence was required to be enhanced, it was added that in lieu of additional period of enhanced sentence, substantial amount of fine was required to be imposed and the fine was to be utilized for setting up of or upgrading the trauma centres of hospitals managed by the Government of Delhi. It was also noted that having regard to the advanced age of Sushil Ansal (who was 74 years as per observations in Order dated 05.03.2014 and now must be 77 years) and who had already undergone sentence of 5-6 months and with remission of 9 months out of sentence of one year awarded by the High Court, further imprisonment was not necessary if he paid the imposed fine. Same sentence was applied to Gopal Ansal. Same principle was also followed for some other accused which has not been challenged. It is also necessary to mention that higher fine cannot be read as extra benefit to a rich person but has been imposed on account of capacity to pay. There is neither any illegality nor any impropriety warranting review of said order passed by this Court=no merit in the Review Petitions and the same are dismissed..