Advani is back as accused in Babri demolition case

Justice Y R Tripathi directed Advani to appear before the Rae Bareli trial court on July 28.

The order comes as a stinging rebuke to the CBI which had failed to file a revision petition against the discharge of Advani, who was then deputy prime minister.

Advani’s discharge has been set aside at the instance of two private citizens, Haji Mehboob and Hafiz Md Siddiq.

In its 45-page order, the High Court raised questions about the CBI’s role in the case. ‘‘There is no direct evidence showing political influence, but considering the facts and circumstances of the case, the role of the CBI cannot be unquestionable.’’

The Lucknow bench of the Allahabad High Court also advised the CBI ‘‘to introspect and decide if it has lived upto its reputation and if any remedial action is required in its functioning to avoid criticism of its functioning.’’

It added that the manner in which the state government has dealt this case was also not free of criticism.

As a consequence of today’s order, Advani will be tried in the case along with Murli Manohar Joshi, Uma Bharati, Ashok Singhal and four others.

The High Court also rejected the revision petitions of Joshi and the other accused challenging the charges framed against them by the Rae Bareli magistrate.

Justice Tripathi held that the magistrate had discharged Advani by either disregarding or misinterpreting the evidence available against him.

Advani can, however, draw comfort from the fact that neither he nor any of the other leaders is being tried before the Lucknow special court in the more serious case pertaining to the conspiracy to demolish Babri Masjid.

Referring the two FIRs lodged on December 6 (one related to the conspiracy to demolish and the other limited to the inflammatory speeches of leaders), the High Court today observed: ‘‘Undisputedly the two FIRs were related to one and the same incident, but both the cases were treated distinctly and different courts were created to try them separately which has resulted in a dilemma.’’

The CBI had originally filed a composite chargesheet in the two FIRs. But in 2001, the High Court separated them saying that the notification for a joint trial had a procedural flaw. The Supreme Court is seized of a petition challenging the 2001 ruling and requesting that the two FIRs be tried together.