SC junks proceedings against ex-IPS Kanth

New Delhi, April 20

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The Supreme Court on Thursday quashed criminal proceedings before a Delhi court against former IPS officer Amod Kanth in the 1997 Uphaar fire tragedy case for lack of sanction to prosecute him.

A Bench of Justice KM Joseph, Justice BV Nagarathna and Justice Aravind Kumar said the magistrate erred in issuing summons to Kanth.

“We find that the magistrate erred in the facts of this case in taking cognisance against the appellant contrary to the demands of Section 197 of CrPC. On this short ground alone (of lack of sanction) the appellant (Kanth) succeeded,” the Bench said, allowing his appeal.

The Bench, however, made 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.

The top court listed the matter for further hearing on April 26 for dealing with other aspects of the case, including de-sealing of the Uphaar cinema hall.

On November 29, 2013, the top court stayed the trial court proceedings against Kanth and asked the CBI to file its response to the petition of the officer who has since retired.