Top Naxal leader Kobad Ghandy, accused of trying to set up a base for his banned outfit Communist Party of India-Maoist in New Delhi, was absolved on Wednesday of stringent charges under the anti-terror law by a Delhi court, which put him on trial for alleged offences of impersonation, cheating and forgery.
Additional Sessions Judge Pawan Kumar Jain discharged Ghandy from the stringent Unlawful Activities (Prevention) Act provisions for the want of proper sanction for his prosecution under the anti-terror law, while noting that he was "not a mere sympathiser" of the banned outfit CPI-Maoist, but an active member.
"He exhorted armed gathering for revolution asking them to unite people, persuaded them to follow revolution path and exhorted them to attack enemies," the court said, discharging Ghandy of terror charges due to what he said was an "incurable defect" in sanction for his prosecution.
"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 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," said the court.
"It is pertinent to state here that in his speech, accused Kobad Ghandy referred the elected Central government of India and governments of states to as 'dushman'," the court noted.
Ghandy was, however, charged under various provisions of the Indian Penal Code for impersonation, cheating, forgery and
criminal conspiracy.
