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Babri Masjid case: SC to revive conspiracy charges against then BJP leader LK Advani and others

 2017-03-06 15:00:36.0

Babri Masjid case: SC to revive conspiracy charges against then BJP leader LK Advani and others

NEW DELHI:The Supreme Court on Monday said to revive conspiracy charges against the 13 BJP and other Hindu right-wing leaders accused in the 1992 Babri Masjid demolition case.

A bench comprising Justice P C Ghose and R F Nariman hearing a petition by the CBI challenging the Allahabad high court dropping conspiracy charges against the leader, including senior BJP's LK Advani, Murli Manohar Joshi, Uma Bharti and Kalyan Singh. They also included several VHP leaders.

The court came up with the option of ordering a joint trail of cases arising out of the two FIRs lodged in the wake of the demolition of the disputed structure.




Singh, now the governor of Rajasthan, was the chief minister of Uttar Pradesh when the Mughal-era mosque was demolished at Ayodhya on December 6, 1992 by 'kar sevaks' of the Vishwa Hindu Parishad (VHP).


The Hindu right-wing says Lord Ram was born at the spot where the mosque stood.


"There are thirteen people who were discharged on technical grounds.Today, we appeal to club both cases and to have a joint trail," the bench said.

"We will not accept the discharge on technical grounds and we will allow supplementary charge sheet," the bench added.

The Supreme Courts observation came ahead of the last phrase of assembly polls in state.





However, the clubbing of two FIR's was opposed by the council, stating that there were two different sets of persons named as accused in the two cases, the trail of which
were at an advanced stage at two different places.

They were looking for a joint trail leading to the beginning of proceedings.



The second set of case was against unknown 'karsevaks' who were in and around the disrupted structure and the trial was held at a court in Lucknow.

Haji Mahbood Ahmad (since dead) filed the appeal along with the CBI against dropping of conspiracy charges against the BJP leaders Advani , Joshi and 19 others for demolishing the structure in December 6, 1992.

While , during the hearing the bench said that supplementary charge sheets was filed against eight persons and not against 13 who were discharged.


In an appeal, it has been sought to set aside the Allahabad High Court's order of May 20, 2010, which had dropped sec 120B (Criminal conspiracy) under the IPC while upholding a special court's decision.

In September 2015, The CBI had told the apex court that its decision-makings were not influenced by anyone and the dropping of criminal conspiracy charges against senior BJP leaders in the case.


"The decision-making process of the CBI is completely independent. All decisions are taken based on correct facts in the light of the external law.There is no question of any person, body or institution influencing the decision-making process of CBI or the manner in which it pursues its cases in courts," the agency had said in n affidavit.

The May 10 order of the high-court had said there was no merit in the CBI's revision petition against the May 4, 2001 order of the special court which had directed dropping of criminal conspiracy charge against them.



The CBI chargesheeted Advani along with 20 others under section 153A (promoting enmity between classes), 153B (imputations, assertions prejudicial to national integration) and 505 (false statements, rumors etc circulated with the intent to cause mutiny or disturb public peace) of the IPC.


It has also invoked charges under section 120B (criminal conspiracy) of IPC which was quashed by the special court whose decision as upheld by the court.

The High court supported the Supreme courts orders and has said that the CBI at no point of time, either during the trail of Rae Bareily or in its revision petition, had ever stated that there was offence of criminal conspiracy against the leaders.

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