New Delhi, April 30 (Agency)
A Delhi court Monday accepted a fresh set of formal charges filed by police against Maoist leader Kobad Ghandy for prosecuting him under terror charges.
"I hereby take cognizance for offences punishable under section 20 and 38 (member of banned outfit and furthering its activities) of Unlawful Activities (Prevention) Act (UAPA) against accused Kobad Ghandy," said Chief Metropolitan Magistrate Vinod Yadav.
According to police, Ghandy was involved in setting up a new network of the banned outfit Communist Party of India-Maoist (CPI-Maoist) in Delhi. He was arrested here Sep 20, 2009 while undergoing treatment for cancer.
The court also sent the case file to the district and sessions judge for passing appropriate orders as terror charges cannot be tried in a magistrate court.
Police moved an application seeking prosecution of Ghandy under the terror charges after a sessions court discharged him last month from the charges due to lack of proper sanction.
Additional Sessions Judge Pawan Kumar Jain did not frame charges against Ghandy under the stringent UAPA March 28. He only paved the way for the trial of Ghandy and co-accused Arvind Joshi for cheating, forgery and impersonation under the Indian Penal Code (IPC) and directed the magistrate court to hear the case.
Chief Metropolitan Magistrate Yadav said: "Here, in this case, the acts of accused Kobad Ghandy falling under the provisions of the UAPA are so closely connected with the commission of offences under the sections of the IPC and as such accused Kobad Ghandy cannot be directed to face trial under the UAPA before the court of sessions and other offences before this court."
The court added that the role attributed in the charge sheet to accused Rajinder Kumar was so inter-related and interwoven with the role of Ghandy that it formed part of the same transcript.
Ghandy was living in Delhi to propagate the activities of the CPI-Maoist and he was helped by co-accused Rajinder Kumar, the court said.
"From the perusal of material on record, it is prime facie apparent that accused Kobad Ghandy wanted to have a safe hiding place in Delhi in an assumed name with a view to propagate and disseminate the activities of the CPI-Maoist," said the court.