Kobad: terror charges dropped

Terror charges against Kobad Ghandy under the Unlawful Activities (Prevention) Act (UAPA) were dropped by a Delhi Sessions Court on March 28, 2012 for want of proper sanction from the authorities. However, a fresh chargesheet was filed by the Special Cell of the Delhi Police against the Maoist sympathizer, a replica of the one filed in 2010, reported The Indian Express (IE) on April 3, 2012.

Admitting that the chargesheet is "similar to the one we filed on February 19, 2010” a senior police officer told IE that they "have received new prosecution sanction.” The chargesheet has been filed under 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) of the stringent UAPA, after obtaining a fresh prosecution sanction from the office of the lieutenant governor of Delhi. The earlier chargesheet had been filed under Sections 13 and 38 of the UAPA, which has now been dropped.

Kobad Ghandy: still waiting for justice

"They have filed the same chargesheet again, how can they (police) do this? Why should he be tried for the same offence again?” observed Ghandy’s counsel Rebecca John, asserting that they would be raising the issue in the court on the next date of hearing.

While absolving Ghandy of terror charges on March 28, Additional Sessions judge Pawan Kumar Jain had, however, framed charges of cheating, forgery and impersonation against the 65-year-old, paving the way for his trial. Ghandy was arrested in Delhi on September 21, 2009 and has been detained in Tihar Jail since then awaiting justice.