Uphaar tragedy: Judge to visit site before framing charges against Kanth

New Delhi : A judge hearing the criminal case against former senior IPS officer Amod Kanth for his alleged complicity in the 1997 Uphaar cinema fire tragedy today said he would visit the place of incident before framing charges against him.

“I want to visit the spot, so that I can understand the seating arrangement (in the cinema hall) allowed by the former IPS officer,” Additional Chief Metropolitan Magistrate Sanjay Sharma said without specifying the date for his visit to the theatre where 59 movie-watchers died in a blaze that occurred during the screening of Hindi blockbuster Border.

A case was registered against Kanth on the order of the court following an application moved by the Association of Victims of Uphaar Tragedy (AVUT) accusing him of allowing extra seats in his theatre’s capacity as DCP (Licencing) in the theatre with the knowledge that such a decision would be disastrous during emergency like fire.

AVUT had opposed the clean chit given to the former police officer and contended he should be prosecuted for the serious offence of culpable homicide not amounting to murder under section 304 of the IPC entailing maximum sentence of life imprisonment instead of section 304(A) which stipulates lighter punishment of only up to two years jail term for causing death due to negligence.

AVUT also alleged CBI was trying to protect its former officer by giving an opinion that there was no negligence on his part.

CBI, which had maintained there was no evidence to charge Kanth, however submitted that at best the retired police officer could be charged with a lesser offence under section 304 (A) of IPC."

The agency’s counsel Y K Saxena said “there is no material evidence on recored to frame charges against Kanth under section 304 of IPC. He may be charged under section 304 (A) of IPC.”

AVUT’s counsel and senior advocate K T S Tulsi contended charges under section 304 of IPC should be framed against Kanth as he had the ‘knowledge’ that installation of additional seats in the balcony of Uphaar cinema could lead to loss of life in an emergency situation.

“Section 304 (punishment for culpable homicide not amounting to murder) of IPC should be framed against the senior IPS officer and not section 304(A) (causing death by negligence), as the extra seats were installed on his full knowledge and it cannot be said that it happened due any ones negligence,” Tulsi said.

CBI opposed the victims’ submission saying, Kanth’s sanction for prosecution is already pending before Delhi High Court and it would be appropriate to wait for the final order.

However, the judge said the High Court had only restrained the trial court from passing any final judgement in the case and has not stayed the proceedings of the case.

Tulsi said Kanth himself had filed an affidavit before the High Court admitting that additional seats completely obstructed the exit doors and in case of emergency the loss of life and property cannot be ruled out.

PTI