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Babri mosque demolition case: SC judge recuses from hearing criminal appeals

The pleas had sought setting aside of the Allahabad High Court's order of May 20, 2010, which had dropped section 120B (criminal conspiracy) under the IPC while upholding a special court's decision.

By: PTI | New Delhi | Published: March 10, 2016 1:39 pm
supreme court, SC allows publication of photographs, photograph of CM and cabinet in newspaper, india news The Supreme Court of India.

A Supreme Court judge on Thursday recused from hearing appeals pertaining to dropping of criminal conspiracy charge against L K Advani, Murli Manohar Joshi, Uma Bharti and other BJP-VHP leaders in the Babri Masjid demolition case.

Justice V Gopala Gowda, who was heading the bench also comprising Justice Arun Mishra, recused himself from the hearing without citing any reason and said, “let the matter be placed before the Chief Justice” for its allocation to some other bench.

The appeals were filed by one Haji Mahboob Ahmad and the CBI against the dropping of conspiracy charges against senior BJP leaders Advani, Joshi and 16 others, for demolition of the disputed medieval structure in Ayodhya on December 6, 1992.

The pleas had sought setting aside of the Allahabad High Court’s order of May 20, 2010, which had dropped section 120B (criminal conspiracy) under the IPC while upholding a special court’s decision.

In September last year, the CBI had told the apex court that its decision-making was not influenced by anyone and the dropping of criminal conspiracy charge against senior BJP leaders in the case was not at its instance.

“The decision-making process of the CBI is completely independent. All decisions are taken based on correct facts in the light of the extant 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 an affidavit.

The agency had said its decision-making process was carried out strictly in accordance with the provisions of CBI Crime Manual and there was a “hierarchic” mechanism that allowed officers at each level to take decisions and make reasoned recommendations in an independent manner.

Earlier, the apex court had sought responses of Advani, Joshi, union minister Uma Bharti and 16 others on Ahmad’s plea.

Besides BJP leaders Advani, Joshi and Bharti, the court had also sought response from Himachal Pradesh Governor Kalyan Singh, among others.

Shiv Sena supremo Bal Thackeray and VHP leader Acharya Giriraj Kishore were among the accused, who have since died. The others against whom the charge was dropped included Vinay Katiyar and Vishnu Hari Dalmiya, Satish Pradhan, C R Bansal, Ashok Singhal, Giriraj Kishore (now deceased), Sadhvi Ritambhara, V H Dalmia, Mahant Avaidhynath, R V Vedanti, Paramhans Ram Chandra Das, Jagdish Muni Maharaj, B L Sharma, Nritya Gopal Das, Dharam Das, Satish Nagar and Moreshwar Save.

The Allahabad high court, while upholding dropping of criminal conspiracy charge, however, had at that time 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 Masjid was demolished, while the other case was against lakhs of unknown ‘karsevaks’ who were in and around the disputed structure.

CBI had chargesheeted 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.

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  1. I
    IML sood
    Mar 10, 2016 at 10:36 am
    Anti nationals morons are being spotted by the readers through their there illogical comments.They will live,eat and enjoy here but their loyality seems to be somewhere else.No one is going to give them any room.Futille attempts by them.
    1. A
      Afzal Ahmad
      Mar 11, 2016 at 8:04 pm
      There was neither any country called Bharat at the place presently known as India nor there was any religion called Hindu. The original residents of this land were Dravidians in shape of tribes. It was Aryans who invaded the very fertile Gangetic plain and either pushed the original resident to south or named them as 'SHUDRAS or ACHHUTS' to serve them and do those degraded jobs which Aryans didn't do themselves because it was below their dignity. As far as the word Hindu is concerned it is a PERSIAN word given by ARABS to everyone living east of 'River Sindhu'. Thus neither word Hindu nor Bharat belongs to this land now called India. Moreover, Aryans are race and not a religion. They can be present Hindu, Muslim, Christian etc. Basically the Aryans practiced 'Sanatan Dharm' in which idols were not worshiped. It was after Balmiki Ramayan when Lord Ram came in Picture and became very por after 'Ram Charit Manas' written by Tulsidas around year 1580 AD. When Islam came to this country, accordin to Swami Vivekanand, the greatest exponent of Hinduism, a vast majority of Shudras converted to Islam due to the right of equality in this religion. Thus it is Aryans who are invaders and a sizable no Muslims are original residents of this land who were named shudra and remained Achhut after the invasion of Aryans. Therefore, one can very well know that who are invaders and who are original residents of this country now called India. Therefore, Babri Mosque should be reconstructed, the Hindu terrorists who demolished it should be punished quickly to restore the the confidence of vast majority of our potion in the governance of the country. It should be done in the interest of country because injustice or denial of justice is the mother of terrorism..
      1. A
        Mar 10, 2016 at 8:25 am
        Justice V Gopala Gowda seems to be afraid of proceeding with the case. Why ??????
        1. S
          Mar 10, 2016 at 12:08 pm
          Bharat is not complete without Sri Ram Mandir. That is a must! They who are objecting the Sri Ram Mandir, all are enemies of Hindustan. Why? The brutal Allah- looters, killers and rapists who had tried to destroy India were beaten, lost, perished and their remnants have not a single right to put conditions on Hindus. Besides, they never had asked permission to enter Bharat nor to destroy 40.000 Mandirs. That all was done, because they could overrun the Natives. Now the Natives are in charge of their country, they have the full legal right to restore and take back what was theirs. As Natives of Bharat, Hindus have the legal right as Winner of the War and as Natives they have the legal right on their ets. These are their fundamental rights, therefore no ob- jections can be made against the building of the Sri Ram Mandir on the same place. Jesus/Allah don't belongs to Bharat.
          1. P
            Parth Garg
            Mar 10, 2016 at 8:50 am
            And thereby the hearing gets postponed for another year or two.
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