safety standards in cinema theatres and multiplexes in India is

Supreme Court of India
Sushil Ansal vs State Thr.Cbi on 5 March, 2014
Author: .....J.
Bench: T.S. Thakur, Gyan Sudha Misra
 REPORTABLE
 IN THE SUPREME COURT OF INDIA
 CRIMINAL APPELLATE JURISDICITION
 CRIMINAL APPEAL NO.597 OF 2010
Sushil Ansal Appellant
 Versus
State Through CBI Respondent
(With Crl. Appeals No.598/2010, 599/2010, 600-602/2010, 604/2010, 605-
616/2010 and 617-627/2010)218.

Adherence to safety standards in cinema theatres and multiplexes in India is the key to the
prevention of tragedies like the one in the instant case. The misfortune, however, is that those
concerned with the enforcement of such standards often turn a blind eye to the violations, in the
process endangering the lives of those who frequent such places. While the case at hand may be an
eye-opener for such of them as are remiss in their duty towards the public visiting cinema theatres
and multiplexes, the authorities concerned cannot afford to let their guard down. As seen in the
earlier part of this order, there are both civil and criminal liabilities that arise out of any such
neglect. Those who commit violations of the same are accountable before law and may eventually
come to grief should an incident occur resulting in injury or loss of human lives. We would have in
the ordinary course issued directions to the authorities to take corrective steps, but for the fact that
such directions have already been issued by a coordinate Bench while dealing with claims for
payment of compensation made by the legal heirs of those who died and others who were injured in
the incident. This Court has in the said decision observed:
45. While affirming the several suggestions by the High Court, we add the following
suggestions to the government for consideration and implementation:
(i) Every licensee (cinema theatre) shall be required to draw up an emergency
evacuation plan and get it approved by the licensing authority.
(ii) Every cinema theatre shall be required to screen a short documentary during
every show showing the exits, emergency escape routes and instructions as to what to
do and what not to do in the case of fire or other hazards.
(iii) The staff/ushers in every cinema theatre should be trained in fire drills and
evacuation procedures to provide support to the patrons in case of fire or other
calamity.
(iv) While the theatres are entitled to regulate the exit through doors other than the
entry door, under no circumstances, the entry door (which can act as an emergency
exit) in the event of fire or other emergency) should be bolted from outside. At the
end of the show, the ushers may request the patrons to use the exit doors by placing a
temporary barrier across the entry gate which should be easily movable.
(v) There should be mandatory half yearly inspections of cinema theatres by a senior
officer from the Delhi Fire Services, Electrical Inspectorate and the Licensing
Authority to verify whether the electrical installations and safety measures are
properly functioning and take action wherever necessary.
(vi) As the cinema theatres have undergone a change in the last decade with more
and more multiplexes coming up, separate rules should be made for Multiplex
Cinemas whose requirements and concerns are different from stand-alone cinema
Sushil Ansal vs State Thr.Cbi on 5 March, 2014
Indian Kanoon - http://indiankanoon.org/doc/9513811/ 91
theatres.
(vii) An endeavour should be made to have a single point nodal agency/licensing
authority consisting of experts in structural Engineering/building, fire prevention,
electrical systems etc. The existing system of police granting licences should be
abolished.
(viii) Each cinema theatre, whether it is a multiplex or stand- alone theatre should be
given a fire safety rating by the Fire Services which can be in green (fully compliant),
yellow (satisfactorily compliant), red (poor compliance). The rating should be
prominently displayed in each theatre so that there is awareness among the patrons
and the building owners.
(ix) The Delhi Disaster Management Authority, established by the Government of
NCT of Delhi may expeditiously evolve standards to manage the disasters relating to
cinema theatres and the guidelines in regard to ex gratia assistance. It should be
directed to conduct mock drills in each cinema theatre at least once in a year.
219. We had in the light of the above passed an order in Criminal Appeal No.603 of 2010 directing
the concerned to file a status report as to the steps taken pursuant to the above directions. We regret
to say that nothing much appears to have happened since the issue of the directions extracted above.
This would have called for monitoring of the steps which the authorities concerned were directed to
take, but any such process would have further delayed the pronouncement of this order. We have,
therefore, decided against that course. We all the same leave it open to the Victims Association or
any other public spirited person to seek implementation of the said directions in appropriate
proceedings.