Court frames charges against Kobad Ghandy

A Delhi court on Monday charged alleged top naxal leader Kobad Ghandy with being a member of a banned terror outfit and furthering its activities in violation of the Unlawful Activities Prevention Act.

Additional Sessions Judge Pawan Kumar Jain charged Ghandy under Section 20 and 38 of UAPA relating to membership of the banned outfit, CPI-Maoist and furthering its activities.

The court framed the charges on a fresh charge sheet filed by the Special Cell of Delhi Police with a fresh sanction for his prosecution under the provisions of UAPA.

The fresh charge sheet was filed after ASJ had on March 28 absolved Ghandy of terror charges for the want of proper sanction, despite noting that a case was made out against him under the anti-terror law as he was "not a mere sympathiser" of the banned outfit CPI (Maoist), but an active member.

Ghandy was then charged only for allegedly committing cheating forgery and impersonation.

"I am of the considered opinion that there is sufficient material on record to make out a prima-facie case for the offence punishable under Section 20 and 38 (member of banned outfit and furthering its activities) of Unlawful Activities (Prevention) Act (UAPA) against accused Kobad Ghandy.

"But since, the cognisance order dated February 19, 2010, qua the offences punishable under UAPA was not in accordance with the mandatory provisions of the UAPA, I hereby discharge accused Kobad Ghandy for the offences punishable under Section 10/13/18/20/38 of the UAPA," the ASJ had then said.

The trial in the matter will start from September 4.

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 allegedly continued as a Central Committee member in CPI (Maoist) and was elected to its Politburo in 2007.

He was arrested by the Special Cell of Delhi police for allegedly trying to set up a base for banned outfit CPI (Maoist) in the national capital.