New Delhi, Aug 26 (IANS) The Delhi High Court Thursday refused to stay criminal proceedings against former police officer Amod Kanth for allegedly allowing extra seats in the Uphaar cinema hall where 59 cinegoers died in a fire tragedy in 1997.
Justice Sanjeev Khanna also issued notice to the Central Bureau of Investigation (CBI) on Kanth’s plea challenging the proceeding against him.
The high court however restrained the trial court from passing judgment in the case till the case is decided by it.
‘If the petitioner files an application seeking exemption from personal appearance in the lower court, then he should be forthwith exempted from personal appearance in the case and final judgment would not be passed,’ the high court said.
The court fixed the matter for hearing Dec 1.
A lower court Aug 12 rejected the CBI’s report giving a clean chit to Kanth. ‘The investigation report of the CBI is hereby rejected. Let the summons be issued against Amod Kanth,’ the court said.
The court said there was sufficient material to prosecute Kanth under penal provisions related to causing death by rash and negligent act, causing hurt by an act which endangers human life and causing grievous hurt by an act which endangers human life.
The court also observed that there were prima facie evidence to prosecute Kanth under the Cinematograph Act.
The court Aug 9 reserved its order on a plea of the Association of Victims of Uphaar Tragedy (AVUT) seeking rejection of CBI’s report absolving the former Indian Police Service (IPS) officer in the case.
In pursuance of a high court order, the CBI filed a report after probing the role of Kanth and favoured his non-prosecution.
The alleged role of Kanth came under the scanner when a trial court, while awarding varying jail terms to 12 accused, including cinema hall owners Sushil and Gopal Ansal, in the fire case asked the CBI to probe Kanth’s alleged ‘acts of commission and omission’ in allowing the extra seats.
The extra seats allegedly blocked an exit gate of the hall.
