NEW DELHI: The Supreme Court on Thursday set aside Delhi HC and trial court’s order in relation to summoning former IPS officer Amod Kanth in the Uphaar cinema fire tragedy case where 59 people died in a blaze in 1997.
Kanth, who was accused of allegedly allowing the retention of 37 extra seats in the Ansal theatre, was summoned by the trial court in 2010 on a plea of victims of Uphaar cinema. A bench of Justices KM Joseph and BV Nagarathna said, “Magistrate in facts of the case taking cognisance of appellant goes against demands of section 197 CRPC on the short ground.
This will not stand in way of the competent authority in taking decisions in the matter for granting prosecution appellant in accordance with the law.” Court’s order came in a plea which was filed by Kanth challenging the 2010 trial court order summoning him to allow extra seats in the cinema. While summoning Kanth, the lower court had said there was sufficient material to prosecute Kanth.