P.K. Bhasin, J.

1. On 13th June, 1997 fifty-nine persons lost their lives and over 100 received serious injuries while watching a movie in the balcony of Uphaar cinema in Green Park area of New Delhi. Al that happened when inside the hall during the ongoing matinee show (3 p.m. to 6 p.m.) of the movie BORDER firing was going on between Indian soldiers and Pakistan army actual fire broke out outside the cinema hall due to malfunctioning of the electrical transformer installed in the transformer room at the parking area of the cinema and toxic gases had entered into the hall which became the cause of deaths and serious injuries to so many people.

2. In respect of that incident of fire CBI had conducted the investigation and during the course of investigation it went into the cause of the fire in the transformer in the evening of 13th June,1997. It was found that in the morning also that day there was some fire in the transformer but the officials of the electrical department had repaired the transformer but that was not done properly which caused fire for the second time in the evening. CBI found that three officials of the DESU/Delhi Vidyut Board who had repaired the tran