SC brings Babri heat back on Uma Bharti, LK Advani
The Supreme Court hinted on Monday that it might revive criminal conspiracy charges against 13 BJP and other Hindu right-wing leaders in the 1992 Babri Masjid demolition case, that were dropped by the special trial court in Lucknow on technical grounds.
“People cannot be discharged like this on technical ground,” a bench of Justice PC Ghose and Justice RF Nariman noted while hearing a CBI appeal challenging the 2010 Allahabad HC decision to uphold the trial court discharge order favouring senior BJP leaders including LK Advani, Murli Manohar Joshi, Uma Bharti and Kalyan Singh.
The SC’s observations came ahead of the last phase of assembly polls in the state.
Singh, now the governor of Rajasthan, was the CM of UP when the Mughal-era mosque was demolished at Ayodhya on December 6, 1992 by kar sevaks of the VHP. The Hindu right-wing says Lord Ram was born at the spot where the mosque stood.
The SC bench suggested to the CBI that the two cases pending in Rae Bareli and Lucknow be clubbed, adding that the matter will be heard in Lucknow , which was opposed by the advocates representing the leaders.
But, the CBI counsel additional solicitor general Neeraj Kishan Kaul accepted the court’s view, saying “We are fine with the suggestion. That is the reason why we appealed against the HC order.”
Senior advocate KK Venugopal — counsel for the leaders — argued the CBI appeal was belated, to which the bench said it would condone the inordinate delay and let the trial continue in Lucknow. It even hinted at allowing the agency to file a supplementary chargesheet invoking conspiracy charges against the leaders. At this Venugopal requested the bench to give him a detailed hearing, which the bench agreed to do on March 22.
Venugopal also said moving the trial to Lucknow would be against the interest of the accused as evidence in the case there was at an advanced stage. He said 183 witnesses would have to be recalled for cross-examination. Venugopal argued joining the two trials would lead to the beginning of proceedings afresh. Two criminal cases were registered in the aftermath of the Babri Masjid demolition on December 6, 1992. While one FIR was allotted to a Rae Barelli court, the second was referred to Lucknow. However, the CBI filed a composite chargesheet in both the cases following which the state government had issued a notification transferring the Rae Bareli case to Lucknow. But, in 2001 the Allahabad High Court found fault with the state notification that was issued without consulting the HC. The notification was set aside, giving liberty to the state to rectify its mistake. However, the state did not take any action.
In May 2001 the special court Lucknow dropped criminal charges against the 13 leaders on the ground there were two FIRs registered and the one pending before it under criminal conspiracy section did not name them. CBI rushed to the HC, which on May 20, 2010 upheld the order. Although the prosecuting agency moved top court in appeal, it moved almost a year after the HC verdict.
In 2015 an intervention application was filed by a Lucknow resident after the NDA government came to power at the Centre. During a hearing the CBI had assured the top court that its decision-making was not influenced by anyone.