BJP cries foul after PMO checks if CBI can re-open Advani’s Babri Masjid case

The BJP is set to create a storm in Parliament tomorrow over a letter written by a senior official in the Prime Minister’s Office seeki...

The BJP is set to create a storm in Parliament tomorrow over a letter written by a senior official in the Prime Minister’s Office seeking the re-opening of the case against L K Advani in the Babri Masjid demolition case in which he was discharged last year.

A PMO spokesman denied the BJP’s charge that the PMO had issued a directive to the CBI on the issue. ‘‘There is no communication between the Prime Minister’s Office and the CBI on this matter…It is only a letter from the PMO to the Secretary, Personnel, seeking information on these cases.’’

The truth lies somewhere in between. While it is a fact that the PMO official did not write to the CBI, it is also true that he did suggest reopening the case via a revision petition.

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The controversial letter, dated December 8, 2004 (written by Pulok Chatterji, joint secretary to PMO, to A N Tiwari, Secretary, Personnel) refers to the March 19, 2003 order of the special court at Rae Bareli which framed charges against seven accused persons but discharged Advani in the Ayodhya case.

The letter points out that the CBI director had subsequently informed that the agency had not filed a Revision Petition against the order since the period of limitation had expired.

The letter goes on to state: ‘‘In this regard, I have been asked to request that the Ministry of Law & Justice may kindly be consulted to (a) examine if there is any legal provisions and grounds for CBI to file a Revision against discharge of Shri L K Advani at this stage, and (b) examine if there is any negligence on the part of any investigation/prosecuting agency in not filing a Revision Petition on time.’’

Referring to the fact that two witnesses have filed a Revision Petition in the High Court against Advani’s discharge, the letter concludes by stating, ‘‘In this regard, I have been asked to request that the Ministry of Law & Justice may kindly be consulted to examine if a decision on the Revision Petition can be expedited.’’

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BJP spokesman V K Malhotra told reporters that the party would raise this issue in a big way tomorrow—the last day of the winter session.

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