District and Sessions Judge Gurdeep Kumar has listed
the matter for further proceedings on next date of hearing.
Earlier, the court had said that usually, metropolitan
magistrates are empowered to take cognizance of a chargesheet
under the CrPC and it has to be proved that a Sessions Judge
is also capable of taking note of the probe report.
CBI, in pursuance of a Delhi High Court order, had
filed a report after probing the role of Kanth, the then Delhi
DCP who had allegedly allowed an increase in the number of
seats in the balcony of the ill-fated theatre.
CBI favoured non-prosecution of Kanth saying he did
not commit any offence and acted as per the technical advice.
AVUT, led by Neelam Krishnamurthy who lost her two
children in the inferno, had sought rejection of CBI's report
and pressed for prosecution of Kanth for his alleged role in
allowing extra seats in the balcony which allegedly led to
closure of exit gates after the fire.
59 victims died of asphyxia during the screening of
Hindi blockbuster movie 'Border' on June 13, 1997 in a fire
that had engulfed the theatre.
New Delhi: A Delhi court on Monday fixed for
February 18 the hearing on a legal question whether it is
empowered to take congizance of a CBI's probe report giving a
clean chit to former IPS officer Amod Kanth in 1997 Uphaar
fire tragedy case.
First Published: Monday, February 15, 2010, 21:13