Press Esc to close
Saturday 23 May 2015
News updated at 2:34 AM IST
Weather
Max: 31.5°C
Min : 22.8°C
In Bengaluru
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
Guru Arjun Devji's martyrdom day...

Guru Arjun Devji's martyrdom day...

People admire at a part of bronze statue of Lachit Borphukan...

People admire at a part of bronze statue of Lachit Borphukan...

Youths pelt stones at the police during a protest...

Youths pelt stones at the police during a protest...

Students celebrate their success in the West Bengal...

Students celebrate their success in the West Bengal...

Young girls shelter under an umbrella during heavy rains...

Young girls shelter under an umbrella during heavy rains...

Kashmiri Muslims cry and pray upon seeing a relic of Prophet Mohammed...

Kashmiri Muslims cry and pray upon seeing a relic of Prophet Mohammed...

Defence Minister Manohar Parrikar and Army Chief General Dalbir Singh Suhag...

Defence Minister Manohar Parrikar and Army Chief General Dalbir Singh Suhag...

Nomads during seasonal migration from Jammu province...

Nomads during seasonal migration from Jammu province...

Bollywood actors Lauren Gottlieb, left, and Jackky Bhagnani...

Bollywood actors Lauren Gottlieb, left, and Jackky Bhagnani...

Irate mob torch a truck after it killed a man...

Irate mob torch a truck after it killed a man...

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