Ghandy's counsel said "fresh sanction shows the earlier sanction was invalid from the outset."
Top Maoist leader Kobad Gandhy, accused of trying to set up base for his banned outfit CPI (Maoist) here, today opposed the supplementary charge sheet filed by the Delhi Police with a fresh sanction to prosecute him under the Unlawful Activities Prevention (UAP) Act.
Arguing before the court of Additional Sessions Judge Pawan Jain, Ghandy's counsel said "fresh sanction shows the earlier sanction was invalid from the outset."
The police, however, explained to the court that "the earlier sanction was granted by the LG, who is also duly empowered to do so. However, in the light of amendment to the UAP Act, a (central) committee was formed, which assessed the matter and gave its recommendation for grant of sanction."
The police said it was after the recommendation of the committee that the fresh sanction has been filed.
On police argument that the earlier sanction was valid and the fresh one has been filed due to the amendment to the law, Gandhy's counsel said "the prosecution is playing hot and cold at the same time."
He contended that filing of fresh sanction by the Delhi Police Special Cell shows the earlier sanction was illegal and the cognisance of the charge sheet could not have been taken on its basis.
The police, however, argued that the supplementary charge sheet has been filed in pursuance of the amendment to the Unlawful Activities Prevention Act.
In the supplementary charge sheet, the Special Cell has placed on record a fresh sanction to prosecute Gandhy under section 45 of the Unlawful Activities Prevention (UAP) Act.
The charge sheet also has a March 23, 2012, order of Additional Secretary (Home) against Gandhy and his co-accused Arvind Joshi.
The case is now at the stage of order on charge. In the main charge sheet, the police had slapped charges under the UAP Act, besides booking him for various offences under the IPC relating to cheating, forgery and impersonation.
The agency has alleged 64-year-old Ghandy, along with his associates, was trying to build a Maoist base here in the national capital.
An alumni of the prestigious Doon School, Ghandy was said to be part of the top leadership of erstwhile CPI-ML (People's War Group) from 1981 and continued as a Central Committee member in CPI (Maoist). He was elected to its Politburo in 2007.
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