Uphaar fire tragedy: Court seeks status report from CBI on its plea for closure of case against ex-IPS officer

The CBIs bid to close the case against former IPS officer Amod Kanth in the 1997 Uphaar fire tragedy seems to have come under judicial scrutiny before a Delhi court which asked the central probe agency to file a status report by June 1.

The CBI's bid to close the case against former IPS officer Amod Kanth in the 1997 Uphaar fire tragedy seems to have come under judicial scrutiny before a Delhi court which asked the central probe agency to file a status report by June 1. As many as 59 movie-watchers died of asphyxia and burn injuries at Uphaar cinema hall at Green Park here on June 13, 1997, during the screening of Hindi movie 'Border'. It was alleged that Kanth, in his capacity as the Deputy Commissioner (Licensing), had allowed extra seats in the Uphaar cinema hall in the late 1970s, leading to the closure of gangways that apparently proved fatal for the victims as they could not get out when the fire and smoke filled the theatre. The case saw many twists and turns and went up to the top court, which on April 20, 2023, quashed the trial court proceedings against Kanth over the lack of sanction to prosecute him. The top court, however, had made clear that its verdict 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 CBI recently moved before the court of Chief Judicial Magistrate T Priyadarshini seeking acceptance of its 2009 closure report in relation to Kanth, saying the ''CBI is not pursuing the sanction of prosecution in this matter''. ''Recall the case file of the instant matter from the record room; and take on record this application conveying the decision of CBI and the closure report filed in this matter by CBI may kindly be accepted,'' said the CBI's plea filed through its Inspector Parvesh Kumar. The Association of the Victims of Uphaar Tragedy (AVUT) headed by Neelam Krishnamoorthy, who lost her two teenage children in the blaze, opposed the plea before the trial court on April 23. She referred to the pendency of a plea in the Delhi High Court on the issue. She said the petition, seeking issuance of directions to the CBI and the Centre to obtain sanction in the present matter, has now been revived. Earlier this plea was adjourned sine die, she added. Taking note of her submission, the Chief Judicial Magistrate asked the CBI to file a status report in the matter and listed it for hearing on June 1. The agency's prosecutor said he was not aware of the petition in the high court. Krishnamoorthy referred to the orders passed by the high court earlier and said that the agency was duly represented there. Kanth had earlier challenged the 2010 trial court order summoning him for allowing extra seats in the cinema hall. He then moved the apex court against the October 3, 2013, order of the Delhi High Court which had refused to quash the summons. Kanth had contended that the high court did not appreciate the plea that the CBI failed to obtain the required sanction to prosecute him. The high court had dismissed his argument that he cannot be tried for allegedly allowing extra seats in Uphaar cinema, as the sanction to prosecute him was not procured. The high court had said the trial court can consider Kanth's objection, if raised by him, during the trial. The high court had also rejected Kanth's argument that the trial judge was wrong in rejecting the CBI's closure report that gave a clean chit to him.