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Kazmi seeks discharge as police fail to file sanction

Thursday, 22 November 2012 - 7:49pm IST | Place: New Delhi | Agency: PTI
During the last hearing also Kazmi had sought discharge on same ground. Police had then submitted that it will file the sanction soon and its absence does not restrict court from proceeding with arguments on framing of charge.

Journalist Syed Mohammad Kazmi, an accused in the Israeli diplomat attack case, today again sought discharge for want of sanction for his prosecution under the Explosive Substances Act while the Delhi Police told the court that it would file it soon.

Appearing before Additional Sessions Judge Kaveri Baweja, Kazmi's counsel Mehmood Pracha said the police have failed to file on record sanction for Kazmi's prosecution under the Explosive Substances Act (ESA) even after the issue was raised before the court on October 30, the last date of hearing.

During the last hearing also Kazmi had sought discharge on same ground. Police had then submitted that it will file the sanction soon and its absence does not restrict court from proceeding with arguments on framing of charge.

Additional Public Prosecutor Rajiv Mohan, who had earlier argued that "the case is at the stage of argument on framing of charges and the absence of sanction for prosecution does not bar the court from proceeding with the argument on charge," today, however, sought more time to file the sanction on record before further proceedings.

The court has now fixed the matter for December 4.

Meanwhile, Kazmi who was granted bail by the Supreme Court on October 19, was allowed to travel to his hometown in Uttar Pradesh.

He will have to be present before the court on December 4.

Kazmi was arrested on March 6 for his alleged role in the Israeli Embassy car bombing near the Prime Minister's official residence here on February 13 this year.

Israeli diplomat Tal Yehoshua and an Indian driver of the Embassy vehicle were among four people injured in the blast.

Kazmi had been charged under various provisions of the anti-terror law Unlawful Activities Prevention Act (UAPA) and other sections of Indian Penal Code (IPC) including attempt to murder.

He had also been named in the charge sheet as an offender under the Explosive Substances Act.


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