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Babri case: SC issues notices to BJP leaders

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Updated: March 31, 2015 14:34 IST
Babri case: SC issues notices to BJP leaders - The Hindu

The notices have been issued on a plea against dropping off conspiracy charges against them in the Babri Masjid demolition case.
The Supreme Court on Monday sought responses from Bharatiya Janata Party leader L.K. Advani and 19 others on an application moved in connection with the dropping of conspiracy charges and the fairness of the CBI probe into the 1992 Babri Masjid demolition case.

A bench led by CJI H.L.Dattu issued notice to Mr. Advani, Murli Manohar Joshi, Uma Bharti, Kalyan Singh among others and directed them to reply in four weeks.

The interim application by Haji Mahboob, whose house was ransacked after the demolition, cast doubts about the efficacy of the probe by the Central Bureau of Investigation into the conspiracy angle, especially with the party in power being associated with the accused.

It alleged that the CBI is controlled by the Home Ministry under Rajnath Singh while Mr. Kalyan Singh is Governor of Rajasthan.





The case timeline
  • ›1949: Idols of Ram Lalla are placed surreptitiously under the central dome.
  • › 1950: Gopal Simla Visharad files first suit in Faizabad civil court for rights to perform pooja to Ram Lalla.
  • › 1950: Paramahansa Ramachandra Das files a suit for continuation of pooja and keeping idols in the structure.
  • › 1959: Nirmohi Akhara files third suit, seeking direction to hand over charge of the disputed site. U.P. Sunni Central Wakf Board files fourth suit in 1961 for declaration and possession and fifth in 1989 in the name of Ram Lalla Virajman for declaration and possession.
  • › 1986: District judge orderes locks be removed. Site opened for Hindu worshippers.
  • › 1989: The four suits pending were transferred to the High Court.
  • › 1991: U.P. govt. acquires land around the structure for convenience of devotees who attend Ram Lalla darshan.
  • › 1993: Govt. takes over 67 acres of land around the area, seeks SC's opinion on whether there existed a Hindu place of worship before the structure was built.
  • › 1994: Case goes back to Lucknow Bench of HC, suits heard again from 1996.
  • › 2002: High Court orders a survey by the Archaeological Survey of India to find out whether a temple existed below the mosque or not.
  • › 2010: Court awards two-thirds of Ayodhya site to Hindu parties, one-third to Waqf Board.
 
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Nothing will happen to them. These communal and crony politicians always come out clean whereas the common man suffers. Feku and his Amit Saheb will ensure that they are freed of any charges as soon as possible.
 
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SC issues notice to Advani, others in Babri demolition case

New Delhi, March 31, 2015, PTI
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The Supreme Court today sought responses from senior BJP leader L K Advani and others on a plea against dropping of criminal conspiracy charge against them in the Babri mosque demolition case.

A bench headed by Chief Justice H L Dattu issued notices to the BJP leader and the CBI on a separate plea filed by Haji Mahboob Ahmad, one of the petitioners in the Babri mosque case.

Ahmad, in his plea, has alleged that CBI may dilute its stand in the wake of the change in the government at the Centre.

Earlier, the CBI had moved the apex court against Allahabad High Court's verdict on dropping conspiracy charge against Advani and 19 others in Babri mosque demolition case.

During the brief hearing, CBI today sought time for filing a fresh affidavit on delay in filing the appeal and on the merits of the case.

The court allowed the plea of the probe agency and granted four weeks time to file the response.

The apex court had earlier pulled up CBI for the delay in filing an appeal against the Allahabad High Court verdict.

CBI has challenged in the Supreme Court the May 21, 2010 order of the high court, which had upheld a special court's decision to drop the charge against the leaders.

In its verdict, the high court had upheld the special CBI court order dropping conspiracy charge against Advani, Kalyan Singh, Uma Bharti, Vinay Katiyar and Murli Manohar Joshi.
The others against whom the charge was dropped included Satish Pradhan, C R Bansal, Ashok Singhal, Giriraj Kishore, Sadhvi Ritambhara, V H Dalmia, Mahant Avaidhynath, R V Vedanti, Param Hans Ram Chandra Das, Jagdish Muni Maharaj, B L Sharma, Nritya Gopal Das, Dharam Das, Satish Nagar and Moreshwar Save.

Bal Thackeray's name was removed from the list of accused persons after his death.

While upholding the special court's order, the high court had allowed CBI to proceed with other charges against Advani and others in a Rae Bareily court, under whose jurisdiction the case falls.

The May 2010 order of the high court had said there was no merit in CBI's revision petition against the May 4, 2001 order of the special court which had directed dropping of criminal conspiracy charge against them.

There are two sets of cases -- one against Advani and others who were on the dais at Ram Katha Kunj in Ayodhya on December 6, 1992 when the Babri mosque was demolished, while the other case was against lakhs of unknown 'karsevaks' who were in and around the disputed structure.

CBI had charge sheeted Advani and 20 others under sections 153A (promoting enmity between classes), 153B (imputations, assertions prejudicial to national integration) and 505 (false statements, rumours etc. circulated with the intent to cause mutiny or disturb public peace) of the IPC.

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

While upholding the special court's order, the high court had said CBI at no point of time, either during the trial at Rae Bareily or in its revision petition, ever stated that there was offence of criminal conspiracy against the leaders.

Nothing will happen to them. These communal and crony politicians always come out clean whereas the common man suffers. Feku and his Amit Saheb will ensure that they are freed of any charges as soon as possible.


SC to hold final hearing in Babri demolition conspiracy case
New Delhi, March 31, 2015, (IANS)
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The Supreme Court Tuesday will take up on April 1 for final hearing the CBI's appeal challenging 2010 Allahabad High Court verdict discharging of L.K. Advani and 19 other senior leaders of BJP and Hindu outfits the charges of criminal conspiracy in the demolition of the Babri Masjid on December 6, 1992.
A bench of Chief Justice H.L. Dattu and Justice Arun Mishra will hear the Central Bureau of Investigation's appeal which was last listed before the apex court February 5 when it was directed to be listed for final hearing on "1st April, 2014 before an appropriate bench".

Though the matter is pending before the apex court since March 3, 2011, but it for the first time it is coming up for hearing after formation of the Narendra Modi government triggering speculation whether there would be any shift in the stand of the government from the one taken by the UPA government.

The notice on the CBI plea was issued March 3, 2011 and the matter has been listed before the court 23 times.

The CBI which had moved the apex court February 18, 2011, nearly nine months after the Allahabad High Court verdict May 20, 2010, has yet to persuade the court on the justification for delay in challenging the high court order.

The CBI in its appeal before the apex court has said that the verdict discharging Advani and others of the offence of criminal conspiracy "is inconsistent with the previous judgment rendered by the Allahabad High Court on February 12, 2001".

The Lucknow bench of Allahabad High court by its February 12, 2001 order had held that the trial court committed no illegality in taking "cognizance of joint consolidated charge sheet and all the offences were committed in the course of the same transaction to accomplish the conspiracy".

The high court by its said order had noted that the "evidence for all the offences was almost the same".

Besides Advani, other accused include senior Bharatiya Janata Party leaders M.M.Joshi, Vinay Katiyar, Uma Bharti and former Uttar Pradesh chief minister Kalyan Singh, and Vishwa Hindu Parishad leaders Ashok Singhal, Giriraj Kishore, Hari Dalmiya, Sadhvi Ritambrara, and Mahant Avaidyanath.
 
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