The Court of Additional Sessions Judge Pawan Kumar Jain on Monday ordered framing of charges against Maoist sympathiser Kobad Ghandy under the Unlawful Activities Prevention Act and the Indian Penal Code. Ghandy will now be tried under the UAPA for membership of a terrorist organisation,and under the Indian Penal Code for forgery,cheating and criminal conspiracy.
The charges under the IPC have been framed for possession of a false voters ID card.
Charges have also been framed against his associate Rajender Kumar alias Arvind Joshi for forgery,use of forged document,and criminal conspiracy.
The trial of the case will begin on September 4.
Rebecca John,the counsel for Ghandy,has,however,called the charges a victory over the prosecution. The prosecution had earlier tried to charge him as a terrorist but now has only been able to frame charges against him for membership of an unlawful association. Particularly in light of a recent Supreme Court judgment that said that mere membership of an organisation is not punishable,were confident that the prosecution will not be able to prove any case against my client, said John.
The police chargesheet filed against Ghandy in April had booked him under several sections of the UAPA,including Sections 10 (penalty for being a member of an unlawful association),18 (conspiracy to commit a terrorist act) and 20 (punishment for being a member of a terrorist gang). Ghandy has been accused of being a Maoist ideologue and of helping in the spread of Maoist activities. Ghandy was accused of living in Delhi using false documents to propagate the activities of the CPI(Maoist).
The Special Cell of Delhi Police had filed fresh charges against Ghandy after a sessions court had dropped all charges against him under the anti-terror law for want of proper sanction. There is sufficient material on record to make out a prima facie case for offences punishable under Section 20 and 38 of the UAPA against accused Kobad Ghandy, the court had observed in its order on April 30.