Uphaar cinema fire case: SC sets aside trial court proceedings against former IPS officer Amod Kanth

New Delhi [India], April 20 : The Supreme Court on Thursday set aside the trial court proceedings against former IPS officer Amod Kanth in the 1997 Uphaar fire tragedy case.

A bench of Justices KM Joseph, BV Nagarathna and Aravind Kumar quashed the proceedings against Kanth over the lack of sanction for his prosecution.

The apex court in its order said, "...we find that the magistrate erred in the facts of this case in taking cognizance against the appellant contrary to the demands of section 197 of CrPC. On this short ground alone (of lack of sanction) the appellant (Amod Kanth) succeeded."

The top court, however, made it clear that its order will not stand in the way of the competent authority taking a decision in the matter and for granting sanction against Kanth in accordance with the law.

The bench has now listed the matter for further hearing on April 26 for dealing with other aspects of the case including the de-sealing of the Uphaar cinema hall.

The top court on November 29, 2013, had stayed the trial court proceedings against Kanth and sought the response of the CBI on the petition of the officer.

Kanth, who has since retired, had challenged the 2010 trial court order summoning him for allowing extra seats in the Uphaar cinema hall where 59 movie-watchers died in a blaze in 1997.

The trial court had summoned the IPS officer on a plea by the victims of the fire incident and their families.

The Delhi High Court on October 3, 2013, had declined to quash the summons issued to Kanth and thereafter he approached the top court.

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