BJP veterans face Babri trial
SC VERDICT Conspiracy charge revived against LK Advani, MM Joshi, Uma Bharti; Raj guv Kalyan Singh immune for now
BJP leaders LK Advani, Murli Manohar Joshi, Uma Bharti and 12 others will be tried for conspiring to bring down the 16th century Babri mosque in Ayodhya 25 years ago, the apex court said on Wednesday.
Accepting the CBI’s plea for restoration of criminal conspiracy charges against the leaders, a bench of justices PC Ghose and RF Nariman ordered day-to-day hearing in the case, setting a twoyear deadline for the trial to be completed. The case will be heard by a special judge in Lucknow, who the SC ordered shall not be transferred until the trial is over.
However, senior party leader Kalyan Singh, who was the Uttar Pradesh chief minister then, will not face trial as he enjoys immunity as a governor. But charges would be framed against him once he ceases to be governor, the court said.
“In the present case, crimes which shake the secular fabric of the Constitution of India have allegedly been committed almost 25 years ago,” the judges noted in the verdict, coming down heavily on the CBI and Uttar Pradesh government for not detecting a technical defect that led to the discharge of 21 leaders, six of whom are now dead.
The court revived the charges 16 years after a Lucknow court dropped them. The leaders are already being tried for making inflammatory speeches that provoked the kar sevaks to pull down the mosque.
Two cases were registered in the aftermath of the riots. One was against lakhs of kar sevaks and the other named the leaders. Forty-nine more cases were lodged against individuals.
The trial is being held in Rae Bareli and the SC said it should be transferred within four weeks to the trial court in Lucknow where the kar sevaks are facing trial for the alleged crime.
There won’t be a fresh trial, the court clarified, permitting the leaders to recall the witnesses who have already deposed.
Fresh charges framed against the leaders would include that of dacoity, robbery, causing hurt Trial to bE complEtED within 2 yEars Day-to-Day hEaring to takE placE
No aDjournmEnt unDEr normal circumstancEs
JuDgE hEaring casE not to bE transFErrED
CasE procEEDings to bEgin within 4 wEEks
CasE to bE transFErrED From RaE BarEli to Lucknow
and injuring or defiling places of public worship.
SC directed the trial court judge not to adjourn the case unless it is impossible to carry on. CBI was ordered to ensure there is a prosecution witness on every date. In case of a violation, the parties can approach the top court for redressal.
Advani’s argument that the SC should not use its wide powers to transfer the case was rejected.
CONTINUED ON P 6