"I hereby take cognisance for the offences punishable under section 20 and 38 of the Unlawful Activities Prevention Act (for being member of a banned outfit and promoting its activity) against accused Kobad Ghandy," Chief Metropolitan Magistrate Vinod Yadav said.
The Special Cell of Delhi Police had filed a fresh charge sheet against 65-year-old Ghandy after a sessions court had in March discharged him from the stringent provisions of the UAPA for want of proper sanction for his prosecution under the anti-terror law.
The court had discharged him, even while holding that "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 discharged him for want of proper sanction for his prosecution under the special law.
As of today, both Ghandy and co-accused Rajender alias Arvind Joshi stand charged for impersonation, cheating, forgery and criminal conspiracy under the Indian Penal Code.
The CMM also directed that Ghandy would be tried jointly with his Joshi and committed the case for trial by a session court.
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The court rejected the argument by counsel for Joshi that he cannot be tried with Ghandy as the sessions court has cleary stated that no case under the Unlawful Activities Prevention Act is made out against him.
"The role attributed in the charge sheet to accused Rajinder Kumar is so interrelated and interwoven with the role of accused Kobad Ghandy that it forms part of the same transaction," it said. PTI AKI AAC