The Delhi High Court on Thursday dismissed the plea of former IPS officer Amod Kanth against the 2010 trial court order summoning him for allowing extra seats in Uphaar cinema hall where 59 movie-watchers died in a blaze in 1997.
Justice P K Bhasin dismissed Kanth's argument 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 court, however, said the trial court can consider the petitioner's objection if raised by him during the trial.
"The petitioner (Kanth) could raise this issue before the trial court at the first instance instead of asking this court first to decide on the objection in the petition under section... of CrPc. So, this objection is also left open to be considered by the trial court if it raised by the petitioner," the order said.
On a plea of Uphaar cinema victims, the trial judge had summoned Kanth on August 12, 2010.
The court also rejected Kanth's argument that the trial judge was wrong in rejecting CBI's closure report giving clean chit to him.
"There was no merit in this submission also since the Metropolitan Magistrate stated in the impugned order that he was rejecting the closure report qua the petitioner...So, it cannot be said that the Magistrate had not acted upon the closure report and had decided to summon the petitioner on the basis of protest of victims," Justice Bhasin said.
Further, the court also rejected his argument that the plea of victims before the magistrate is hopelessly time- barred as the act complained of pertains to 1979 and the incident took place on June 13, 1997.