Uphaar case: Delhi court to decide on CBI's report on Feb 18

A Delhi court today fixed for February 18 the hearing on a legal question whether it is empowered to take congisance of a CBI's probe report giving a clean chit to former IPS officer Amod Kanth in 1997 Uphaar fire tragedy case.

District and sessions judge Gurdeep Kumar has listed the matter for further proceedings on next date of hearing.

Earlier, the court had said that usually, metropolitan magistrates are empowered to take cognisance of a charge sheet under the CrPC and it has to be proved that a sessions judge is also capable of taking note of the probe report.

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

The investigative agency 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, had sought rejection of CBI's report and pressed for prosecution of Kanth for his alleged role in allowing extra seats in the balcony which allegedly led to closure of exit gates after the fire.

Fifty-nine victims died of asphyxia during the screening of Hindi blockbuster movie 'Border' on June 13, 1997 in a fire that had engulfed the theatre.