By IANS,
New Delhi : The Delhi High Court Monday reserved its verdict on a plea by former Indian Police Service officer Amod Kanth challenging a trial court’s order summoning him in the 1997 Uphaar cinema fire tragedy which left 59 cine-goers dead.
Justice P.K. Bhasin reserved the order after hearing arguments from counsel of Kanth and Uphaar cinema victims’ family members, on whose plea the trial court summoned the former police officer Aug 12, 2010.
Kanth 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 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 Kanth under the Cinematograph Act.
Challenging the trial court’s order, Kanth said he could not be tried for allegedly allowing extra seats in the cinema hall as sanction to prosecute him was not procured.
He 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 June 13, 1997.
The high court was hearing a plea of Association of Victims of Uphaar Tragedy (AVUT) seeking rejection of the CBI’s report absolving the former IPS officer in the case.