Uphaar case: Delhi court refers CBI report to district judge

A Delhi court today referred the matter on taking of cognisance of a probe report, giving clean chit to former IPS officer Amod Kanth in the 1997 Uphaar fire case to a district judge, saying it was to be decided by a Metropolitan Magistrate.

District and sessions judge SP Garg sent the case file to another district Judge Gurdeep Kumar after holding hearings on the closure report as well as protest petition of the Association of Victims of Uphaar Tragedy (AUVT). The matter is now to be taken up by Gurdeep Kumar on February 15.

The court had earlier said that usually, metropolitan magistrates were empowered to take cognisance of a chargesheet under the Criminal Procedure Code.

CBI, in pursuance of a Delhi high court order, had filed a report after probing the role of Kanth, the then DCP, who had allegedly allowed increase in number of seats in the balcony of the ill-fated theatre.

It favoured non-prosecution of Kanth saying he did not commit any offence and acted as per the technical advice. AVUT, led by Neelam Krishnamurthy who lost her two children in the inferno, sought rejection of CBI's report, alleging Kanth had allowed 37 extra seats in the balcony, leading to the closure of exit from the hall.

As many as 59 victims died of asphyxia during the screening of Hindi blockbuster 'Border' on June 13, 1997 as they could not come out due to blockade of exit gates when the fire engulfed the theatre.