New Delhi: The Delhi Police on Saturday told a
court here that it has filed a fresh charge sheet against
naxal leader Kobad Ghandy for his bid to set up a naxal base
here and furthering its activities as a sessions court has
said a case indeed was made out against him.
Public Prosecutor Rajiv Mohan told Chief Metropolitan
Magistrate Vinod Yadav that a sessions court, while absolving
Ghandy of terror charges due to faulty sanction, had ruled
that a case under the anti-terror law was made out against
Additional Sessions Judge Pawan Jain had made it clear
that a case was made out against him under section 20 and 38
(being a member of a banned terror outfit and furthering its
activities) under the Unlawful Activities Prevention Act,
Mohan told CMM`s court.
While arguing for the court to take cognisance of the new
charge sheet, Mohan told the court that the police has also
secured fresh sanction for Ghandy`s prosecution.
On March 28, ASJ Jain had discharged Ghandy from the
stringent law for the want of proper sanction even while
noting that a case was made out against him and that he was
"not a mere sympathiser" of the banned outfit CPI (Maoist),
but an active member.
The court listed matter for next hearing on April 9.
Mohan told CMM Yadav that the ASJ had observed that a case
was made out against him for being a member of the banned CPI
(Maoist) and promoting its activities.
The CMM`s court will have to take a fresh cognisance of
the matter under the UAP Act as the court of ASJ had held that
the cognisance taken by it earlier was "bad in law" due to
Ghandy was only charged for alleged offences of cheating,
forgery and impersonation.