SC seeks report from judge in Babri case

The Supreme Court on Monday sought a report in sealed cover from a lower court judge on how he intended to complete the trial in the Babri Masjid demolition case involving BJP veterans LK Advani, Murli Manohar Joshi and Uma Bharti within the April 2019 deadline.

A bench of justices RF Nariman and Indu Malhotra also issued notice to the Uttar Pradesh government on a plea of trial court judge SK Yadav, who is adjudicating the Babri Masjid demolition case.

Maintaining that his promotion to the post of district judge was due, Yadav has sought a direction of the court to this effect.

The bench told the counsel for Yadav that it was issuing notice on the plea.

“We also issue notice for a report to be presented in a sealed cover as to in what manner is the district judge going to complete the trial with the specified time limit,” the bench said.

Yadav had moved the top court after his promotion was stayed by the Allahabad High Court on the ground that the apex court had directed him to complete the trial.

On April 19 last year, the apex court had said BJP stalwarts Advani, Joshi and Uma Bharti would be prosecuted for serious offence of criminal conspiracy in the politically- sensitive 1992 Babri Masjid demolition case and ordered day-to-day trial to be concluded in two years, that is April 19, 2019.

The apex court had then dubbed the demolition of the medieval-era monument a “crime” that had shaken the “secular fabric of the Constitution” and allowed the CBI’s plea on restoration of criminal conspiracy charge against the VVIP accused.

“There shall be no de novo (fresh) trial. There shall be no transfer of the Judge conducting the trial until the entire trial concludes. The case shall not be adjourned on any ground except when the sessions court finds it impossible to carry on the trial for that particular date,” the apex court had then said.

The apex court had made it clear that if the trial was adjourned, then it should be fixed on the next day or a closely proximate date and the reasons for this shall be recorded in writing. “The sessions court will complete the trial and deliver the judgment within a period of two years from the date of receipt of this judgment,” it had said.

NEWDELHI: