90-DAY DEADLINE GONE, CBI UNSURE OF BABRI APPEAL
THE AGENCY HAD ALLEGED DURING THE PROBE AND TRIAL THAT THERE WAS A CONSPIRACY TO DESTROY THE DISPUTED STRUCTURE
NEW DELHI: Although the 90-day deadline for filing an appeal in the Babri Masjid demolition conspiracy case expired about two weeks ago, the Central Bureau of Investigation (CBI) is yet to take a call on the matter and is examining if it should approach the concerned high court against the verdict, people familiar with the development said on condition of anonymity. Legally, a final call on whether to go for an appeal rests with the Centre.
NEW DELHI: Although the 90-day deadline for filing an appeal in the Babri Masjid demolition conspiracy case expired about two weeks ago, the Central Bureau of Investigation (CBI) is yet to take a call on the matter and is examining if it should approach the concerned high court against the verdict, people familiar with the development said on condition of anonymity.
One of the people, a senior CBI officer, said that “the Special CBI Court judgement (dated September 30 last year) is still being examined , but we are still undecided.”
Legally, a final call on whether to go for an appeal rests with the Centre.
“Technically, the deadline for filing an appeal in any judgement is 90 days from the date of receiving the copy of the court’s order, but if the agency has genuine reasons for explaining the delay, the appeal can be filed anytime. In the past too, CBI has challenged court verdicts even after one year or two years,” added the officer cited above.
Further explaining the procedure, this officer said: “Any file related to an appeal is first examined by the investigation team and the legal team of CBI; then by supervisory officers, additional director/special director before it reaches the CBI Director and his legal advisor for their views. If it is decided that CBI should challenge the order, the file is sent to the government for its approval. The DOPT {Department of Personnel and Training}seeks the views of the law ministry, which may or may not seek attorney general’s opinion. Sometimes, all this takes a few weeks and sometimes, several months”.
But if asked by the Allahabad high court, CBI will have to file a reply on an appeal filed by two Ayodhya residents against the Lucknow special court’s September 30, 2020 verdict acquitting all 32 accused, including Bharatiya Janata Party (BJP) leaders LK Advani and Murli Manohar Joshi.
Haji Mahboob and Sayyyad Akhlaq Ahmad, witnesses in the case, filed a revision petition in the Allahabad high court on January 8 saying that the trial court committed an error in not convicting the accused while there was ample evidence on record.
All India Muslim Personal Law Board executive member and counsel for Mahboob and Ahmad , Zafaryab Jilani, said : “It is CBI’S duty to file an appeal in the case because they filed a charge-sheet. The high court is currently examining our revision petition”.
CBI didn’t respond to a detailed email query sent by HT.
The central agency had alleged during the probe and trial that there was a conspiracy to destroy the disputed structure so that a Ram Temple could be built at the site.
During the trial, the agency had produced 351 witnesses and 600 documents as evidence.
CBI judge Surendra Kumar Yadav, while ordering the acquittal last year, cited a lack of evidence and added the probe agency could not prove the authenticity of the audio and video evidence submitted. He said the demolition was not pre-planned and that the accused tried to stop “anti-social” elements who razed the mosque on December 6, 1992.
The larger Ram Janmabhoomi - Babri Masjid case was decided by the apex court in late 2019; the court allowed the construction of a Ram temple at the site and ordered the creation of a trust for the purpose. It also ordered that 5 acres of land be given to the All India Muslim Personal Law Board in lieu of the disputed site, for the construction of a mosque.