Uphaar fire: HC dismisses former IPS officer’s plea
5 Oct 2013 5:26 AM IST
The Delhi High Court on Thursday dismissed a plea by former Indian Police Service officer Amod Kanth, challenging a Delhi court’s order summoning him for the trial related to the 1997 Uphaar cinema fire
tragedy, which left 59 people dead.
Justice PK Bhasin, paving way for the trial in the case, said, ‘It cannot be said that no case was made out for summoning the petitioner (Amod Kanth) as an accused.’
The trial court had summoned Amod Kanth on 12 August on the plea of the victims’ family members.
He was summoned after the victims’ kin alleged that he allowed extra seats in Uphaar cinema hall in south Delhi while serving in the licensing department of Delhi police.
The trial court said there was sufficient material to prosecute Amod Kanth under Indian Penal Code’s section 304A (causing death by rash and negligent act), 337 (causing hurt by an act, which endangers human life) and 338 (causing grievous hurt by an act, which endangers human life).
The trial judge also observed that there was prima facie evidence to prosecute Amod Kanth under the Cinematograph Act.
Challenging the trial court’s order, the police officer had said he could not be tried for allegedly allowing extra seats in the cinema hall as the sanction to prosecute him was not procured.
He had said the plea was time-barred as the act complained of (allegedly allowing 37 extra seats in the cinema hall) pertained to 1979 and the fire tragedy took place on 13 June, 1997.
The high court was hearing a plea of Association of Victims of Uphaar Tragedy seeking rejection of the Central Bureau of Investigation’s (CBI) report absolving the former IPS officer in the case.
The Uphaar Cinema fire, one of the worst fire tragedies in recent Indian history, occurred on Friday, 13 June, 1997 at Uphaar Cinema, in Green Park during the premiere screening of the movie, Border.
tragedy, which left 59 people dead.
Justice PK Bhasin, paving way for the trial in the case, said, ‘It cannot be said that no case was made out for summoning the petitioner (Amod Kanth) as an accused.’
The trial court had summoned Amod Kanth on 12 August on the plea of the victims’ family members.
He was summoned after the victims’ kin alleged that he allowed extra seats in Uphaar cinema hall in south Delhi while serving in the licensing department of Delhi police.
The trial court said there was sufficient material to prosecute Amod Kanth under Indian Penal Code’s section 304A (causing death by rash and negligent act), 337 (causing hurt by an act, which endangers human life) and 338 (causing grievous hurt by an act, which endangers human life).
The trial judge also observed that there was prima facie evidence to prosecute Amod Kanth under the Cinematograph Act.
Challenging the trial court’s order, the police officer had said he could not be tried for allegedly allowing extra seats in the cinema hall as the sanction to prosecute him was not procured.
He had said the plea was time-barred as the act complained of (allegedly allowing 37 extra seats in the cinema hall) pertained to 1979 and the fire tragedy took place on 13 June, 1997.
The high court was hearing a plea of Association of Victims of Uphaar Tragedy seeking rejection of the Central Bureau of Investigation’s (CBI) report absolving the former IPS officer in the case.
The Uphaar Cinema fire, one of the worst fire tragedies in recent Indian history, occurred on Friday, 13 June, 1997 at Uphaar Cinema, in Green Park during the premiere screening of the movie, Border.
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