SC's Babri ruling might revive interest in Ram temple, help BJP in 2019 LS

SC orders trial against Advani, M M Joshi and others into conspiracy case for demolition of mosque

In what was widely interpreted as a jolt to presidential ambitions of senior Bharatiya Janata Party (BJP) leaders LK Advani and Murli Manohar Joshi, the Supreme Court today ordered that the two, along with several others, be prosecuted for criminal conspiracy in the Babri Masjid demolition case.

The court, however, said that there shall be no fresh trial, no transfer of the judge conducting the trial until the entire trial concludes and the sessions court will complete the trial and deliver the judgement within a period of two years.

The renewed hearings in the case is set to bring the issue of Ram Janmabhoomi on the forefront of national consciousness. It offers Sangh Parivar outfits like Vishva Hindu Parishad (VHP) and Bajrang Dal to come into prominence in the run up to the 2019 Lok Sabha polls and keep the pot simmering on the issue.

It will also enable not just the BJP but also Prime Minister Narendra Modi and his government to distance themselves from the issue and let Sangh Parivar take the lead. The VHP today demanded that Parliament pass a law to facilitate early construction of a Ram temple at the disputed site.

Apart from Advani and Joshi, trial against union minister Uma Bharti will also be initiated. In response, Bharti said she is proud that she was part of the movement and will sacrifice her life for the construction of a grand Ram temple at Ayodhya.

Finance Minister Arun Jaitley rejected the possibility of Bharti quitting the Modi cabinet. Several in the BJP disagreed with the assessment that the case was a jolt to those named. Instead, one leader said, those named will be celebrated in the months to come for their role in the movement.

The BJP core committee, comprising most of its senior leaders, including party chief Amit Shah and Jaitley, met today. It discussed the Supreme Court order, among other issues. Party leaders claimed the meeting had been decided in advance and not called in response to the SC order.

Apart from Advani (89), Joshi (83) and Bharti (57), others to be tried include Rajasthan Governor Kalyan Singh. The SC noted that Singh, during whose tenure as chief minister of Uttar Pradesh the disputed structure was razed, is entitled to immunity under Constitution as long as he remains in gubernatorial position.

It, however, said the sessions court will frame charges and move against him as soon as he ceases to be Governor. This can only mean that the case will be long drawn and cannot be completed in the two year time frame.

Others to be tried include Vinay Katiar, Sadhvi Ritambara and Vishnu Hari Dalmia, all of whom were being tried at Rae Bareli. Other VIP accused Giriraj Kishore and VHP leader Ashok Singhal have died.

The Central Bureau of Investigation will need to frame charges against Advani, Joshi and others under Indian Penal Code section 120B, that relates to conspiracy, before the court starts examining over 200 witnesses. Several of these witnesses have died.

The SC bench comprising Justices PC Ghose and R F Nariman transferred proceedings against Advani and Joshi from a Rae Bareli court to the Court of Additional Sessions Judge (Ayodhya Matters) at Lucknow.

The court, in its 40-page judgement, termed the Allahabad High Court's February 12, 2001 verdict dropping conspiracy charge against Advani and others as "erroneous". The court also criticized CBI for the delya of 25 years in the trial.

Opposition parties, including the Congress, welcomed the SC order. Rashtriya Janata Dal chief Lalu Prasad alleged the Supreme Court order was a "well-thought-out politics" of the Prime Minister to remove L K Advani's name from the Presidential race. "It is well known that the CBI does what the government desires," the RJD chief claimed.

However, party sources said neither Advani nor Joshi were being considered as BJP's nominees for the presidential post.