Two days after Naxal leader Kobad Ghandy was absolved of the terror charges under the Unlawful Activities Prevention Act for want of proper sanction,the police has made a fresh plea to a Delhi court with a renewed sanction of his prosecution under the anti-terror law.
The special cell of Delhi Police approached the court of Chief Metropolitan Magistrate Vinod Yadav with a fresh sanction along with a chargesheet to prosecute him under UAP Act.
The chargesheet will come up for consideration tomorrow.
The move comes in the wake of March 28 order of Additional Sessions Judge Pawan Jain absolving 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 charged only for allegedly committing cheating forgery and impersonation.
The court had held the sanction order was granted only on the basis of draft charge-sheet and the allegations made in the FIR and other material and evidence placed on record.
It had said the sanction had no reference of any authority appointed by the Central government.
The police had earlier on March 26 filed a supplementary charge sheet with a fresh sanction against Ghandy under section 45 of the UAP Act but ASJ Jain held that the defect in the earlier sanction cannot be cured.
The chargesheet also has annexed with it a March 23,2012 order of the additional secretary (home) against Gandhy and his co-accused Arvind Joshi.