New Delhi: Delhi Police has been allowed by a court here to place on record the certificates of electronic evidence relied upon by it in a case in which Maoist ideologue Kobad Ghandy is facing trial for allegedly trying to set up a base for the banned outfit CPI (Maoist) here.
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.
“Admissibility of the same after production of certificates under section 65B of the Indian Evidence Act will be considered at the final stage. For the reasons recorded above, this application is allowed,” the court 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. 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.
The court had earlier framed charges against co-accused Rajender Kumar under various sections of the IPC in t e case. 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.
Senior advocate Rebecca John, who appeared for Ghandy, opposed the plea saying it was moved belatedly after recording of the prosecution evidence had concluded and the matter was at the stage of recording of statements of accused.
Ghandy’s counsel also submitted that the police cannot be permitted to fill any lacuna in their case by adopting such asures as it would prejudice the accused. The counsel representing Kumar adopted the submissions made by Ghandy’s lawyer.
The court had earlier posted the matter for recording of statements of accused in the case. 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. Ghandy was earlier absolved by the court of terror charges due to want of proper sanction. Later, a fresh charge sheet was filed with another sanction for his prosecution under the provisions of UAPA. Thereafter, he was charged with offences under the UAPA.