Journalist Syed Mohammad Kazmi, an accused in the Israeli diplomat attack case, on Tuesday sought to be discharged from the case as he told a Delhi court that the police are yet to obtain sanction for his prosecution under the Explosive Substances Act.
Arguing before additional sessions judge Kaveri Baweja, Kazmi's counsel Mehmood Pracha submitted "the police have failed to file on record sanction for his (Kazmi) prosecution under the Explosive Substances Act (ESA).
"In the absence thereof, the accused is liable to be discharged. He has a right to be discharged", he said.
Additional public prosecutor Rajiv Mohan, however, argued "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."
He said "the absence of sanction only bars commencement of trial and added the sanction would be filed in the court soon."
The court has now fixed the matter for November 22.