The court allowed the submissions of Special Cell of Delhi Police saying electronic evidence relied upon by prosecution was "relevant" and its admissibility would be considered at the final stage after production of the certificates under the Indian Evidence Act.
"Submission was made (by accused) that electronic record relied upon would still be inadmissible even after production of such a certificate. At this stage, I may only note that electronic record relied upon is relevant," Additional Sessions Judge Reetesh Singh said.
It also allowed the submission of police seeking to summon two senior cops, who were earlier examined as prosecution witnesses in the case, for their re-examination to prove the certificates under the Indian Evidence Act.
The court has posted the matter for prosecution evidence on February 8.
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65-year-old Ghandy is facing trial in the case for alleged offences punishable under the Unlawful Activities Prevention Act (UAPA) and various provisions of the IPC.
During the arguments on the plea filed by the police, the prosecutor said that certain electronic records produced in evidence were not supported with certificates under the Indian Evidence Act and in its absence, the electronic records would not be read in evidence.
Ghandy's counsel also submitted that the police cannot be
permitted to fill any lacuna in their case by adopting such measures as it would prejudice the accused.
The counsel representing Kumar adopted the submissions made by Ghandy's lawyer.
Ghandy, an alumnus of the prestigious Doon School and St Xavier's College Mumbai, is facing prosecution in around 20 criminal and terror cases in different parts of the country.
According to the police, he was said to be part of the top leadership of erstwhile CPI-ML (People's War Group) since 1981. He allegedly continued as a Central Committee member in CPI (Maoist) after the merger with People's War Group and was elected to the Maoist Politburo in 2007.
Ghandy was arrested by Special Cell of Delhi Police for allegedly trying to set up a base for CPI (Maoist) in Delhi.