Kumar was convicted under section 468 and 420 read with 120-B, section 474 and 419 of the IPC, while Ghandy was convicted of the same along with an additional charge of 471. The court also imposed a fine of Rs. 10,000 for each charge.
A Delhi court here today acquitted 68-year-old Kobad Ghandy under the stricter charges of section 20 and 38 of the Unlawful Activities (Prevention) Act that dealt with membership of a banned terror organisation. Ghandy and his associate Rajinder Kumar, however, were convicted of cheating, forgery, impersonation and conspiracy under relevant sections of the Indian Penal Code (IPC).
Kumar was convicted under section 468 and 420 read with 120-B, section 474 and 419 of the IPC, while Ghandy was convicted of the same along with an additional charge of 471. The court also imposed a fine of Rs. 10,000 for each charge.
Left-wing activist Ghandy, a politburo member of the now banned terror organisation Communist Party of India (Maoist), was arrested by the Delhi's Special Cell unit on September 20, 2009 from the capital where he was undergoing treatment for cancer.
"The more serious an offence, the stricter the degree of proof required since a higher assurance is required to convict the accused," additional sessions judge (ASJ) Reetesh Singh stated to justify Ghandy's acquittal on the UAPA charges. The court observed that none of the evidence relied upon in court have been found "admissible." Even the prosecution's witness testimonies suffered from "infirmities."
The court observed that all the materials and literature recovered from Ghandy's Molar band residence in Southeast Delhi's Badarpur area was of a period prior to the date when the CPI (Maoist) was declared a terrorist organisation.
At the time of arrest, Ghandy was using an electoral photo identity card (EPIC) or more popularly known as a the voter ID card and a Permanent Account Number (PAN) card in the name of Dalip Patel. The court found sufficient evidence that in order to enable the activist to remain underground in Delhi, Kumar conspired with Ghandy and carried out forgery based on which the fake EPIC and PAN cards were issued. The identity cards were issued based on fake addresses and names.
Taking into consideration Ghandy's advanced age and the fact that he has been in custody since his arrest in 2009, the court did not impose sentences on them beyond the period they have already undergone. Kumar was meted out with the same punishment.
A Mumbaikar, Ghandy had a "privileged childhood" and came from a well-to-do Parsi family. A "Doon School boy" Ghandy studied chartered accountancy in London, United Kingdom, in the early 70s before he returned to India consumed with the revolutionary literature.
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