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Journalism of Courage
A Delhi court on Thursday refused to decide a legal question whether it is empowered to take congizance of CBI’s probe report giving a clean chit to former IPS officer Amod Kanth in 1997 Uphaar fire case and referred the matter back to the previous court.
“I am sending back the case to the court which had referred the same to this court. The previous court being the successor court,which had decided the main Uphaar case,will take a decision on it,” District and Sessions Judge Gurdeep Kumar said.
District and Sessions Judge S P Garg would now decide the matter on February 20.
The courts were to decide the question whether a sessions judge can take cognizance of a charge sheet in a case.
According to the CrPC,metropolitan magistrates are empowered to take cognizance of a charge sheet before sending the case to a session court for start of the trial.
“Almost a year ago,CBI had filed the report,giving a clean chit to Amod Kanth. The matter is still stuck up on a procedural issue,” Neelam Krishnamurthy,who lost her two children in the inferno,said.
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.
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