A chief metropolitan magistrate here Saturday took a police plea for considering the second set of formal charges filed against Maoist leader Kobad Ghandy over terror charges. The case would now come up April 9.
Chief Metropolitan Magistrate Vinod Yadav said that a sessions court had found prima facie evidence against him for terror charges but did not proceed on them due to lack of proper sanction.
The CMM said: “Put up for consideration on charge sheet (supplementary) and consideration on charge in terms of order passed by sessions court March 28 for April 9.”
The court’s order came after the police filed a fresh application seeking prosecution of Ghandy under the terror charges.
Additional Sessions Judge Pawan Kumar Jain did not frame charges against Ghandy under the stringent Unlawful Activities (Prevention) Act (UAPA) due to lack of proper sanction.
“There is sufficient material on record to make out a prima facie case for the offence punishable under Section 20 and 38 of the Unlawful Activities (Prevention) Act against Kobad Ghandy. But since, the cognizance order dated Feb 19, 2010 qua the offences punishable under the UAPA was not in accordance with the mandatory provisions… I hereby discharge accused Kobad Ghandy for the offences punishable under Sections 10/13/18/20/38 of the UAPA,” Judge Jain said March 28.
The sessions court March 28 paved the way for trial of Ghandy and for co-accused Arvind Joshi for cheating, forgery and impersonation and directed the magistrate court to hear the case.
According to police, Ghandy was involved in setting up a new network of the banned outfit Communist Party of India-Maoist in Delhi. He was arrested here Sep 20, 2009 while undergoing treatment for cancer.