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Cops fail to file sanction, Kazmi seeks discharge

New Delhi, Nov 22, 2012, PTI: 1:15 IST
Journalist Syed Mohammad Kazmi, an accused in the Israeli diplomat attack case, on Thursday 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 police have failed to file on record sanction for Kazmi’s prosecution under the
Explosive Substances Act 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 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”.

On Thursday, however, he sought more time to file the sanction on record before further proceedings.

The court has now fixed the matter for December 4.

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