The Supreme Court on Friday stayed proceedings against retired IPS officer Amod Kanth after a Delhi court issued summons against him in the Uphaar fire tragedy case.
A bench of justices KS Radhakrishnan and AK Sikri, while issuing the order, sought response from CBI on Kanth’s petition. Kanth has challenged the summoning order of the trial court issued on August 12, 2010 for allowing extra seats in Uphaar Cinema. His negligence was called in question for the death of 59 people in the tragedy that occurred in 1997.
Senior advocate Mukul Rohatgi, who appeared for the former official argued that the trial court erred in issuing summons as necessary sanction had to be obtained for his prosecution. Earlier, he had approached the Delhi High Court, which refused to quash the summons.The High Court while dismissing his plea allowed him to raise objection before the trial court. It even rejected Kanth’s argument that the trial judge was wrong in rejecting CBI’s closure report giving a clean chit to him.
The apex court appreciated the merit in Kanth’s argument and decided to stay proceedings against him. It was on the plea by Association of Victims in Uphaar Tragedy (AVUT), the trial judge had summoned Kanth. The lower court said there was sufficient material to prosecute Kanth under IPC Sections 304A (causing death by rash and negligent act), 337 (causing hurt by an act which endangers human life) and 338 (causing grievous hurt by an act which endangers human life).