The Delhi High Court today reserved it verdict on a plea of former IPS officer Amod Kanth against the 2010 trial court order summoning him for allowing extra seats in the Uphaar cinema hall where 59 movie watchers died in a blaze in 1997.
Justice P K Bhasin reserved the order after hearing arguments from counsel of Kanth and Uphaar cinema victims, on whose plea the trial judge had summoned Kanth on August 12, 2010.
Kanth's counsel argued that the former IPS officer cannot be tried for allegedly allowing extra seats in Uphaar cinema as "sanction to prosecute" him was not procured.
The lawyer said that the CrPC provisions and the Delhi Police Act required that a prior sanction is a "must" to prosecute a police officer for his acts done in discharge of his official duty.
Further, the senior advocate submitted that the plea is hopelessly time barred as the act complained of pertains to 1979 and the incident took place on June 13, 1997.
Countering Kanth's arguments, the victims' lawyer K T S Tulsi argued that the senior officer had personally visited the Uphaar theatre in 1979 and allowed 37 extra seats which is against his affidavit, which he had furnished before the Delhi High Court in another case earlier.
The lawyer said in the affidavit, the officer had stated that extra seats in the cinema hall would be hazardous and may block the exit in case of any emergency.
While rejecting CBI's report giving a clean chit to Kanth, the trial judge on August 12, 2010 had said, "The investigation report of CBI is hereby rejected. Let the summons be issued against Amod Kanth.
