A Delhi court will hear on April 20 arguments on a protest petition against a CBI probe giving a clean chit to former IPS officer Amod Kanth in 1997 Uphaar cinema hall fire case.
Metropolitan magistrate Sanjeev Kumar fixed the matter for April 20 on the petition filed by Association of Victims of Uphaar Tragedy (AVUT) seeking rejection of CBI's report and prosecution of Kanth.
The victims' body alleged Kanth as the then DCP (licencing) had allowed extra seats in the balcony which they said had led to closure of exit gates after the fire, leading to the death of 59 people due to asphyxia in the cinema hall showing Hindi film "Border".
The matter was referred back to a Metropolitan Magistrate as two district judges had refused to decide the fate of the probe report on the ground that magistrates are legally empowered to take note of it.
Finally, the matter was sent to the senior most district judge GP Mittal who said a magistrate would only take cognizance of the chargesheet.
CBI, in pursuance of a Delhi High Court order, had on April 17, 2009, filed a report favouring non-prosecution of Kanth saying he did not commit any offence and acted as per the technical advice. There was no witness to the fact that it was Kanth who had allowed extra seats in the theatre for any consideration, it had said.
59 victims died of asphyxia during the screening of 'Border' on June 13, 1997 in a fire that had engulfed the theatre in south Delhi.



