Uphaar Cinema Fire: Supreme Court Sets Aside Proceedings Against Ex-Senior Cop
NDTV
A bench of Justices KM Joseph, BV Nagarathna and Aravind Kumar said that the magistrate had erred in issuing summons against Kanth.
The Supreme Court on Thursday quashed the trial court proceedings against former IPS officer Amod Kanth in the 1997 Uphaar fire tragedy case over lack of sanction for his prosecution.
A bench of Justices KM Joseph, BV Nagarathna and Aravind Kumar said that the magistrate had erred in issuing summons against Kanth.
"...We find that the magistrate erred in the facts of this case in taking cognizance against the appellant contrary to the demands of section 197 of CrPC. On this short ground alone (of lack of sanction) the appellant (Amod Kanth) succeeded. Appeal is allowed and the impugned order stands set aside. The proceeding stands quashed," the bench said.
In its detailed order the bench said, "We, however, make it clear that this will not stand in the way of the competent authority taking a decision in the matter and for granting sanction against the appellant in accordance with law".
