Babri: Not condoning delay will be failure of justice

Claiming that the delay in filing appeal was not intentional,the CBI has requested the Supreme Court to let it argue its case on merits against an order

Claiming that the delay in filing appeal was not intentional,the CBI has requested the Supreme Court to let it argue its case on merits against an order to drop conspiracy charges against BJP leader L K Advani and others in the Babri Masjid demolition case.

The delay in filing the SLP is not intentional and deliberate,but bona fide. In case the delay in preferring the SLP is not condoned,it will result in irreparable loss and injury to the State and the failure of justice by letting off the accused without facing trial for serious offences. The purpose of filing of this SLP in public interest would be frustrated, said the CBIs affidavit.

The delay has been occasioned because everyone associated with the matter was cautious keeping in mind the sensitivity involved in the matter and wanted to exercise due diligence, added the affidavit,adduced before a Bench led by Justice H L Dattu.

The CBI,however,failed to bring on record the reasons of delay of more than three months in the office of the then Solicitor General in settling and finalising the appeal. It claimed in the affidavit that there was no law officer in the office of the present Solicitor General who was conversant with the facts.

The Bench said it would decide on condonation of delay only after hearing the contentions of Advani and others who have sought dismissal of CBIs plea on the ground of delay. It adjourned the matter for further hearing on July 17.

The court is hearing CBIs appeal against decisions of special CBI court and HC to drop criminal conspiracy charge against Advani,Kalyan Singh,Uma Bharti,Vinay Katiyar,Murli Manohar Joshi and several others. Relating to demolition,there are two sets of cases,one against Advani and others who were on the dais at Ram Katha Kunj in Ayodhya in December 1992 when the Babri Masjid was demolished and second,against unknown karsevaks who were in and around the disputed structure.

After filing the initial chargesheet against Advani and 20 others under charges of promoting enmity between classes,hampering national integration etc,the CBI had sought to invoke criminal conspiracy charge too but the trial court as well as HC repelled the agencys attempt.