SC questions clean chit to LK Advani and others in Babri case

The CBI, which is prosecuting both cases, had filed an appeal in the top court against the order dropping the conspiracy charges.

Written by Utkarsh Anand | New Delhi | Updated: March 7, 2017 8:15 am
Babri demolition case, L K Advani, Supreme Court, sbi, money balance, ddca, ddca defamation case, arun jaitley, arvind kejriwal, gayatri prajapati, prajapati gangrape, indian express news, india news Senior BJP leader LK Advani. (File Photo)

STATING THAT “something is peculiar about this case”, the Supreme Court Monday observed that “prima facie” the order exonerating BJP leader L K Advani and others in the 1992 Babri Masjid demolition case was not correct and that the CBI should have filed a supplementary chargesheet against them.

A bench of Justices P C Ghose and Rohinton F Nariman questioned the CBI’s conduct in prosecuting the matter against several party leaders, including Murli Manohar Joshi and Uma Bharti, and said that their discharge on a technical ground was inappropriate.

As soon as the hearing began, Justice Nariman said: “Something is peculiar about this case.” “Prima facie, we don’t think they can be discharged,” said the bench, as it sought to know from the CBI the status of the trial in two cases registered in connection with the demolition — one each in Lucknow and Rae Bareli.

In Lucknow, the accused face charges of demolition; those in Rae Bareli are being tried for allegedly instigating the crowd through speeches. The conspiracy charges against Advani and some others were dropped in Lucknow on the grounds that the FIR related only to “kar sevaks”.

The CBI, which is prosecuting both cases, had filed an appeal in the top court against the order dropping the conspiracy charges. But this appeal was moved nine months after the High Court order confirmed the trial court verdict, and hence the agency has been asked by the bench to first explain the delay.

On Monday, the bench observed that the CBI should have filed a supplementary chargesheet to substantiate the allegations of criminal conspiracy against the leaders, who were let off on a technical ground that the trial was sought to be conducted at a trial court in Lucknow without the concurrence of the High Court. They are currently being tried at a Rae Bareli court on charges of making provocative speeches as “kar sevaks” proceeded to demolish the mosque.

“Why didn’t you file a supplementary chargesheet against 13 accused in this case, the way you filed it for eight other accused in another case? Why haven’t you filed the supplementary chargesheet in Rae Bareli?” the bench questioned Additional Solicitor General Neeraj K Kaul, appearing for the CBI.

The bench added that when the accused were discharged on a technical ground, the CBI was expected to file a supplementary chargesheet to fill the lacuna. “But you didn’t do that and you also filed your appeal very late,” it said.

At this, ASG Kaul said that the CBI was in appeal before the apex court for all these reasons. “We also think that the order of discharge should go,” said the counsel for the CBI.

The bench then said that it might order for a joint trial of both the criminal cases in one court, preferably at Lucknow. “Why don’t you conduct the joint trial of both the cases? It cannot go on like this forever. It has to be decided in one way or another. We are concerned about the delay in conducting the trial,” added the court.

To this, senior lawyer K K Venugopal, who appeared for Advani, said he would want to be heard before the apex court makes any order on conducting the joint trial of the two cases. “We will hear you but we are likely to pass order on a joint trial on the next day,” said the bench, as it fixed the matter for hearing next on March 22.

The court’s view was supported by senior counsel Kapil Sibal and advocate M R Shamshad, who are representing Haji Mehboob. Mehboob is one of the original petitioners in the Babri Masjid-Ramjanmabhoomi title suit who has pleaded that the CBI might not press for restoration of the conspiracy case against top leaders of the party with a BJP-led government in power.

Mehboob, 77, has claimed that his fears stem from the fact that Rajnath Singh, an accused in the case, was now Union Home Minister and that his ministry had administrative control over CBI. He had added that another accused, Kalyan Singh, was now Governor of Rajasthan.

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  1. M
    MyTake
    Mar 6, 2017 at 10:41 pm
    In India, the only cases that get closed once and for all are cases likelt;br/gt;lt;br/gt;Kushboob vs Subramanian Swamy's whether pre-marital SEKS is consutional or notlt;br/gt;lt;br/gt;whether a women with 24 week feutas can abort or notlt;br/gt;lt;br/gt;whether stray dogs in Kerala can be killed or notlt;br/gt;lt;br/gt;Whether premarital SEKS is morally and consutionally legal or notlt;br/gt;lt;br/gt;Whether Meghalaya governor's SEKS scandal is valid or notlt;br/gt;lt;br/gt;Whether the Meghalaya governor's appointment of four 22 year old girl employees is consutionally correct or notlt;br/gt;lt;br/gt;Whether only the entire body of a citizen should stand erect when national anthem is pla in a cinema hall or even body parts need to stand erected lt;br/gt;lt;br/gt;Legalize judges to go on foreign junkets offered by corporateslt;br/gt;lt;br/gt;Whether dance bars are mandated for the pleasure of the president or notlt;br/gt;lt;br/gt;Whether dance bar dancers can be used as acquaintances for Supreme Corrupt Judges or not!lt;br/gt;lt;br/gt;Whether retired Bureau thugs can work as go-betweens(pimps) between parties in a case or notlt;br/gt;lt;br/gt;Whether anybody else other than Brahmins can be appointed SC judges or not
    Reply
    1. S
      Subbu.I
      Mar 6, 2017 at 4:38 pm
      SIMILARELY SUPREME COURT MUST QUESTION THE CLEAN CHIT GIVEN BY LOWER COURTS AND HIGH COURT TO BUTCHER OF GUJARATH AND ENCOUNTER GUNDA OF GUJARATH.
      Reply
      1. S
        SubbuI
        Mar 7, 2017 at 2:47 am
        HALLO.I AM AORTHDOX HINDU WHO DOES NOT NEED RSS OR MODI TO TAKE CARE OF MY RELEGION . YES I WOULD PREFER DEATH FROM JIGADIS RATHAR THAN SANGHI TERRORISTS MODIBAN GANG lt;br/gt;P.S:- BUT BUTCHER OF GUJARATH WILL PAY ONE DAY FOR ALL HIS HORRIBLE PAST
        Reply
        1. S
          SubbuI
          Mar 7, 2017 at 1:29 pm
          DIGITAL INDIA NAYAK SAAB.ALL DONE DIGITALLY IN INTERNET WITH HACKING PROOF METHODS WITH THE HELP OF EX GOOGLE lt;br/gt;TECHIES.DHER HAI- ANDHER NAHI😊lt;br/gt;P.S:- YOU APPEARS TO BE A BHAKTH😉
          Reply
          1. S
            SubbuI
            Mar 7, 2017 at 9:09 am
            ONE MILLION SIGNATURES WITH AADAHAR NOS AND SCANED PHOTO COPY IS BEING PREPARED BY "" SAVE DEMOCROCY ANDHOLAN" A NGO IN MUMBAI IS BEING SENT TO PRESEDENT OF INDIA. CHIEF JUSTICE OF INDIA IN ONE WEEK TIME TO RE OPEN THE 2002 GUJARATH COMMUNAL RIOTS AND GENOSIDE OF 3000 POOR CITIZENS AND TO CANCELL THE CLEAN CHIT HANDED OVER TO BUTCHERS AND ENCOUNTER EXPERTS
            Reply
            1. A
              alvi
              Mar 6, 2017 at 5:07 pm
              you should also be killed.
              Reply
              1. A
                Anand Prakash
                Mar 7, 2017 at 6:13 am
                It may be beneficial for society to revisit the Gujarat Pogrom too.
                Reply
                1. A
                  Anuradha Kalhan
                  Mar 6, 2017 at 4:22 pm
                  25 years later!!lt;br/gt;When all the damage is done and emboldened so many others to do even more damage!
                  Reply
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