1997 Uphaar Fire Tragedy: Amod Kanth’s Trial Proceedings Halted

On Thursday, April 20th, the Indian Supreme Court quashed the trial court proceedings against former IPS officer Amod Kanth in the 1997 Uphaar fire tragedy case, citing lack of sanction for his prosecution.

The case stems from a fire that broke out on June 13, 1997, in the Uphaar cinema in Delhi, which claimed the lives of 59 people and injured over a hundred more. The tragedy sparked public outrage and led to a protracted legal battle.

A bench of Justices KM Joseph, BV Nagarathna & Aravind Kumar delivered the judgment, stating that the magistrate had erred in issuing summons against Kanth, who was the then Joint Commissioner of Police (Licensing) in Delhi. The bench found that the magistrate had ignored Section 197 of the Criminal Procedure Code, which requires the government’s prior sanction to prosecute public servants for acts done in the discharge of their official duties.

The Supreme Court’s decision marks a significant development in the case, which has been ongoing for over two decades. Amod Kanth, who has since retired from the police force, was charged with several offenses, including criminal conspiracy and culpable homicide not amounting to murder. He was accused of allowing the Uphaar cinema to operate without proper safety measures and of colluding with the owners of the theater.

Kanth has maintained his innocence throughout the proceedings and has argued that he was not responsible for the fire or the subsequent loss of life. He has also challenged the legality of the prosecution, claiming that he had been unfairly targeted by the authorities.

The Supreme Court’s ruling is likely to have far-reaching implications for the Uphaar fire tragedy case, which has seen several twists and turns over the years. The case has been marked by allegations of corruption, cover-ups, and delays, and has been the subject of intense public scrutiny.

The Uphaar fire tragedy case has been closely watched by the Indian public and has been seen as a test of the country’s justice system. The case has raised questions about accountability, transparency, and the role of public officials in ensuring public safety. The Supreme Court’s decision is likely to be seen as a step towards justice for the victims of the tragedy and their families.

However, it is important to note that the Supreme Court’s ruling does not exonerate Kanth or absolve him of any wrongdoing. The court has merely stated that the prosecution lacked the required sanction and that the magistrate erred in issuing summons against Kanth. The court has also made it clear that this decision does not prevent the competent authority from taking a decision in the matter and granting sanction against Kanth in accordance with the law.

The Supreme Court’s decision is likely to have a significant impact on the Uphaar fire tragedy case, as it raises questions about the legality of the entire prosecution. The case has been marked by a series of legal challenges and delays, and it remains to be seen how the authorities will respond to the Supreme Court’s ruling.

One of the key issues that the Supreme Court will need to address is the de-sealing of the Uphaar cinema hall. The theater has remained sealed since the fire, and there have been several calls to reopen it. However, the victims’ families and other stakeholders have argued that the cinema should not be allowed to reopen until justice is done and the responsible parties are held accountable.

The Uphaar fire tragedy case has been a long and difficult journey for all those involved. The victims’ families have been fighting for justice for over two decades, and their struggle has been marked by setbacks and delays. The Supreme Court’s ruling is likely to be seen as a significant milestone in their quest for justice, but it is also a reminder of the long road ahead.

 

 

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