SC orders trial of LK Advani, MM Joshi, Uma Bharti for conspiracy on Babri Masjid issue
New Delhi: The Supreme Court on Wednesday revived the conspiracy charges against Bharatiya Janata Party (BJP) stalwarts LK Advani, Murli Manohar Joshi and Uma Bharti in the politically sensitive 1992 Babri Masjid demolition case.
Besides the three leaders, the accused, against whom the conspiracy charge would now be invoked, are Vinay Katiar, Sadhvi Ritambara, Vishnu Hari Dalmia, who were being tried at Rae Bareilly for making inflammatory speeches before the 16th-century mosque was razed in Uttar Pradesh’s Ayodhya town on December 6, 1992.
The SC order is a huge set back for Advani as report swere doing rounds that the BJP patriarch was the front-runner for the presidential post.
The apex court bench comprising of Justice Pinaki Chandra Ghose and Justice Rohinton Fali Nariman transferred the trial from Rae Bareli to Lucknow.
However, the top court said Kalyan Singh, who is currently the Governor of Rajasthan and during whose tenure as Chief Minister of Uttar Pradesh the disputed structure was razed, is entitled to immunity under Constitution as long as he remains in gubernatorial position.
The top court directed that additional charges be framed under Section 120-B and the other provisions of the IPC as mentioned in the joint charge-sheet against Champat Rai Bansal, Satish Pradhan, Dharam Das, Mahant Nritya Gopal Das, Mahamadleshwar Jagdish Muni, Ram Bilas Vadanti, Vaikunth Lal Sharma Prem, and Satish Chandra Nagar.
The apex court dubbed the demolition of the medieval era monument as a “crime” which shook the “secular fabric of the Constitution”, and observed that the accused were not brought to book largely because of the conduct of the CBI and then Uttar Pradesh government.
It said that the accused persons could not be brought to book “largely because of the conduct of the CBI in not pursuing the prosecution of the aforesaid alleged offenders in a joint trial, and because of technical defects which were easily curable, but which were not cured by the State Government.”
Restoring the conspiracy charge and transferring the trial, the judgment said, “What is being done by us today is only to remedy what was expected” to be done by the CBI and the then state government after the February 12, 2001 judgment of the Allahabad High Court.
Issuing a slew of directions, a bench comprising Justices P C Ghose and R F Nariman said “the proceedings viz. Crime No. 198/92 (against Advani and five others) in the court of the Special Judicial Magistrate at Rae Bareilly will stand transferred to the Court of Additional Sessions Judge (Ayodhya Matters) at Lucknow.”
Besides the three leaders, the accused, against whom the conspiracy charge would now be invoked, are Vinay Katiar, Sadhvi Ritambara, Vishnu Hari Dalmia, who were being tried at Rae Bareilly.
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Vishwa Hindu Parishad President Pravin Togadia on Wednesday demanded that the Centre approach Supreme Court’s larger bench on the Babri Masjid conspiracy case and a new law to facilitate construction of the Ram temple at Ayodhya.
The NCP welcomed the Supreme Court’s ruling and demanded that BJP leader and Union Minister Uma Bharti be sacked from the Cabinet.
Union Minister Uma Bharti, who had announced a visit to Ayodhya to offer prayers to Ram Lala, cancelled her programme on Wednesday after the Supreme Court revived the conspiracy charge against her in the 1992 Babri Masjid demolition case.
The apex court verdict came on a CBI plea challenging May 2010 Allahabad High Court order upholding the dropping of conspiracy charge against Advani and others.
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Source:Zee news
Supreme court
