New Delhi: A Delhi court is likely to frame
on March 28 the charges against top Naxal leader Kobad Gandhy,
accused of trying to set up base for his banned outfit CPI
(Maoist) here.
Accused of trying to build a Maoist base in the national
capital, 63-year-old Ghandy has been booked for various
charges under Unlawful Activities (Prevention) Act besides
those of cheating and impersonation under the IPC.
Additional Sessions Judge Pawan Kumar Jain is likely to
frame charges against him on Wednesday. The Maoist leader
earlier had opposed filing of a supplementary charge sheet
against him.
Gandhy`s counsel had argued that the Special cell of Delhi
Police has filed the supplementary charge sheet despite there
being no fresh material against him.
The Police had last week filed a supplementary charge
sheet, putting on record a fresh sanction to prosecute Gandhy
under section 45 of the Unlawful Activities Prevention Act.
The charge sheet also had with annexed to it a March 23,
2012 order of the additional secretary (home) against Gandhy
and his co-accused Arvind Joshi.
"It (supplementary charge sheet) is nothing but a backdoor
entry by the prosecution," Gandhy`s counsel had contended.
"At the time of institution of the first charge sheet,
there was a sanction. That sanction was incorrectly obtained.
Now, this supplementary charge sheet has been filed to cure a
defect. It is not a charge sheet but a curative petition," the
counsel said.
The prosecution had denied any illegality in the first
sanction and maintained that a fresh sanction was obtained in
the light of the amendment to the UAP Act.
In the main charge sheet, the police had slapped charges
under the UAP Act, besides booking him for various offences
under the IPC relating to cheating, forgery and impersonation.
An alumni of the prestigious Doon School, Ghandy was said
to be part of the top leadership of erstwhile CPI-ML (People`s
War Group) from 1981 and continued as a Central Committee
member in CPI (Maoist). He was elected to its Politburo in
2007.
The investigators had claimed to have recovered a fake
voter identity and pan cards from Ghandy and had referred to a
CD in which he was shown addressing the armed cadres of the
banned organisation. He was arrested here on September 20 last
year.
They had also pointed out that after his arrest, Jharkhand
police inspector Francis Induwar was killed on October 6 last
year and leaflets were distributed in Maharashtra calling for
bandh in protest against his detention.
PTI
