Press Esc to close
Thursday 30 October 2014
News updated at 9:25 PM IST
Weather
Max: 0°C
Min : 0°C
In Bangalore
Sunny day

Can't be tried in Uphaar fire case: Amod Kanth

New Delhi: Nov 6, 2012 PTI

A former IPS officer on Monday told the Delhi High Court that he cannot be tried for allegedly allowing extra seats in Uphaar cinema as “sanction to prosecute” him was not procured. At least 59 people died in a fire that broke out at the cinema in 1997.

“If there was no sanction (to prosecute), then the metropolitan magistrate had no business to issue summons against the petitioner (Amod Kanth),” Kanth’s counsel told Justice P K Bhasin.

The counsel said the provisions of the Criminal Procedure Code and the Delhi Police Act required that a prior sanction was “must” to prosecute a police officer for acts done in discharge of official duty.


“Not only that the plea (against Kanth) is hopelessly time barred as the Act complained of (allowing 37 extra seats in the cinema hall) pertains to 1979, and the incident took place on June 13, 1997,” added the counsel.

“How it was time barred? Further investigation was conducted in pursuance of the judgement of the trial court (in the main case),” replied Justice Bhasin, to which the counsel said: “Only Constitutional courts have the power to issue such kinds of directions.”

Seeking prosecution

Now, senior advocate K T S Tulsi will advance arguments on November 27 on behalf of the Association of Victims of Uphaar Tragedy, which is seeking Kanth’s prosecution.

A case was filed against Kanth on the order of the court following an application moved by the association, accusing him of allowing extra seats in the theatre in the capacity of DCP (licencing), allegedly with the knowledge that such a decision will be disastrous during an emergency, such as fire.

Fifty-nine people died of asphyxia on June 13, 1997 during the screening of Border as they could not escape from the hall in time.

Go to Top

Photo Gallery
Security personnel patrol a street after a protest by the supporters of Jammu and Kashmir...

Security personnel patrol a street after a protest by the supporters of Jammu and Kashmir...

India A players Rohit Sharma and Manish Pandey during a practice match against Sri Lanka...

India A players Rohit Sharma and Manish Pandey during a practice match against Sri Lanka...

Indian Air Force officers arrive at the Gateway of India after swimming for a distance...

Indian Air Force officers arrive at the Gateway of India after swimming for a distance...

The Navy hovercraft carrying West Bengal Chief Minister Mamata Banerjee to Sagar Island...

The Navy hovercraft carrying West Bengal Chief Minister Mamata Banerjee to Sagar Island...

A Rajasthani herder with his cows in Gurgaon...

A Rajasthani herder with his cows in Gurgaon...

Devotees wait for the Sun to offer prayers, during Chhath Puja festival in Agra...

Devotees wait for the Sun to offer prayers, during Chhath Puja festival in Agra...

Sand artist Sudarsan Pattnaik creates a sand sculpture on Black Money with a message...

Sand artist Sudarsan Pattnaik creates a sand sculpture on Black Money with a message...

BJP workers arrange the cut-outs of party symbol (lotus) to decorate the boats at the Marine...

BJP workers arrange the cut-outs of party symbol (lotus) to decorate the boats at the Marine...

A police man investigates the tunnel dug up by the robbers in Gohana bank heist, in Sonipat...

A police man investigates the tunnel dug up by the robbers in Gohana bank heist, in Sonipat...

Bollywood megastar Amitabh Bachchan sweeps in a stree during a cleanliness drive as a part...

Bollywood megastar Amitabh Bachchan sweeps in a stree during a cleanliness drive as a part...

Copyright 2014, The Printers (Mysore) Private Ltd., 75, M.G Road, Post Box 5331, Bangalore - 560001
Tel: +91 (80) 25880000 Fax No. +91 (80) 25880523