SC orders trial of Advani, Joshi and Uma Bharti for conspiracy

In its April 19 order, the apex court directed that the trial in the 1992 Babri Masjid demolition case be completed within 2 years, and no adjournment or transfer of the trial judge be allowed



Photo by Sunil Saxena/Hindustan Times via Getty Images
Photo by Sunil Saxena/Hindustan Times via Getty Images
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PTI

The Supreme Court on Wednesday allowed the CBI plea and restored criminal conspiracy charges against BJP leaders LK Advani, MM Joshi and Uma Bharti, who will now face trial in the 1992 Babri Masjid demolition case.

The court also clubbed the trial in the matter pending against the leaders and that against karsevaks and said the proceedings should be completed in two years.

"We have allowed the CBI appeal against the Allahabad High Court judgement with certain directions," a bench comprising Justices PC Ghose and RF Nariman said.

The apex court, however, noted that Rajasthan Governor Kalyan Singh enjoys Constitutional immunity and can be tried only after he ceases to hold the office. Kalyan Singh was the chief minister of Uttar Pradesh in 1992, when the demolition took place in Ayodhya.

  • The court also directed that separate trials being conducted in trial courts at Rae Bareli and Lucknow should be clubbed and conducted in the capital of Uttar Pradesh, that is, in Lucknow only.
  • It also said that the trial judge of Lucknow "shall not be transferred" till conclusion and delivery of the judgement in the sensational case.
  • The court further said that no party shall be granted adjournment without the sessions judge being satisfied of the reasons for it and conduct day-to-day trial which should be concluded within two years.
  • It also directed probe agency CBI to ensure that prosecution witnesses appear on each and every date for recording of evidence in the case and the trial court should start the proceedings within four weeks from Wednesday.
  • It, however, clarified that there would be no de novo (fresh) trial in the matter.

The bench also directed that its order should be followed in letter and spirit and granted liberty to the parties to approach it if its directions are not followed.

There were two sets of cases relating to the demolition of the disputed structure on December 6, 1992. The first involved unnamed karsevaks, the trial of which is taking place in a Lucknow court, while the second set of cases relate to the leaders in a Rae Bareli court.

Input by NH Web Desk.

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Published: 19 Apr 2017, 1:26 PM