Uphaar tragedy: CBI can withdraw plea to close case against ex-IPS officer

A Delhi court on Monday allowed the CBI to withdraw its plea seeking acceptance of its closure report in a case against former IPS officer Amod Kanth, which is linked to the 1997 Uphaar fire tragedy.

In April, the agency’s bid to close the case against Kanth came under judicial scrutiny after Chief Judicial Magistrate T Priyadarshini asked the central probe agency to file a status report by June 1.

In its order on Monday, the court said, “It is mentioned in the status report that a writ petition has been filed before the Delhi High Court by the Association of the Victims of Uphaar Tragedy (AVUT) seeking directions to the Union of India as well as CBI to produce relevant records relating to the sanction for prosecution and to reconsider the issue of sanction...”

The court said that, according to the agency’s report, the high court, which had in June 2019 adjourned the writ petition sine die (because of the matter being pending before the Supreme Court), but the matter had been revived (after the apex court had passed directions), and that on April 23 this year, the constitutional court had directed it to file a status report.

“It is further stated that the matter is now listed before the high court on June 6 and the CBI will intimate high court of its decision with respect to the sanction,” the court said. It noted that the agency’s prosecutor requested to withdraw the application seeking acceptance of closure report with “liberty to file afresh as per law”.

“The present application filed by CBI is disposed of as withdrawn,” the court said.

A total of 59 movie-watchers died of asphyxia and burn injuries at Uphaar cinema hall at Green Park here on June 13, 1997, during the screening of Hindi movie ‘Border’.

It was alleged that Kanth, in his capacity as the deputy commissioner (licensing), had allowed extra seats in the Uphaar cinema hall in the late 1970s, leading to the closure of gangways that apparently proved fatal for the victims as they could not get out when the fire and smoke filled the theatre.

The case saw many twists and turns and went up to the top court, which on April 20, 2023, quashed the trial court proceedings against Kanth over the lack of sanction to prosecute him.

The top court, however, had made clear that its verdict will not stand in the way of the competent authority taking a decision in the matter and for granting sanction against Kanth in accordance with the law.

Following this, the CBI had recently moved the plea before the magisterial court seeking acceptance of its 2009 closure report, saying the agency “was not pursuing the sanction of prosecution in this matter”.

The Association of the Victims of Uphaar Tragedy headed by Neelam Krishnamoorthy, who lost her two teenage children in the blaze, had opposed the plea before the trial court on April 23. She referred to the pendency of the writ petition in the Delhi High Court on the issue.

She had also said the petition, seeking issuance of directions to the CBI and the Centre to obtain sanction in the present matter, has now been revived.

Taking note of her submission, the chief judicial magistrate had asked the CBI to file a status report.

Kanth had earlier challenged the 2010 trial court order summoning him for allowing extra seats in the cinema hall. He then moved the apex court against the October 3, 2013, order of the Delhi High Court which had refused to quash the summons.

Kanth had contended that the high court did not appreciate the plea that the CBI failed to obtain the required sanction to prosecute him.

The high court had dismissed his argument that he cannot be tried for allegedly allowing extra seats in Uphaar cinema, as the sanction to prosecute him was not procured.

The high court had said the trial court can consider Kanth’s objection, if raised by him, during the trial.

It had also rejected Kanth’s argument that the trial judge was wrong in rejecting the CBI’s closure report that gave a clean chit to him.