The CBI, in pursuance of a Delhi High Court order, had filed a report after probing the role of Amod Kanth, the then DCP who had allegedly allowed increase the number of seats in the theatre.
A Delhi court today asked CBI and Association of Victims of Uphaar Tragedy (AVUT) to file case laws to establish whether it is empowered to take congizance of a probe report giving clean chit to former IPS officer Amod Kanth in the 1997 Uphaar fire tragedy case.
"Usually, metropolitan magistrates are empowered to take cognizance of a chargesheet under CrPC. You will have to convince me whether this court can decide the fate of this chargesheet," District and Sessions judge SP Garg said.
Earlier, 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 increase the number of seats in the balcony of the ill-fated theatre.
The CBI favoured non-prosecution of Kanth saying he did not commit any offence and acted as per the technical advice. The court has fixed the matter for further hearing on January 30.
AVUT, led by Neelam Krishnamurthy who lost her two children in the inferno, had sought rejection of CBI's report and 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.
Earlier, the probe agency, in its report, had said there was no witness to the fact that it was Kanth who had allowed
extra seats in the theatre for any consideration.
Kanth, the then Deputy Commissioner of Delhi Police (Licencing), had allegedly allowed retention of 37 extra seats in the theatre in 1979 in violation of the Cinematography Act.
Fifty-nine victims died of asphyxia during the screening of Hindi blockbuster movie 'Border' on June 13, 1997, as they could not come out due to blockage of exit gates when the fire had engulfed the theatre.
While awarding varying jail terms to 12 accused, including theatre owners Sushil and Gopal Ansal, a trial court had in December, 2007, asked CBI to look into the role of Kanth and other officials whose acts had "become a cause of the tragedy in Uphaar cinema".
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