Babri Masjid case: Special Judge seeks 6 more months from SC to conclude trial

A special judge holding daily trial in the politically sensitive 1992 Babri Masjid demolition case, involving BJP veterans L K Advani, M M Joshi, Uma Bharti and others, moved the Supreme Court Monday seeking six more months to conclude the matter.

The judge, at Lucknow, has informed the top court in a May 25 letter that he is due to superannuate on September 30, 2019.

Besides Advani, Joshi and Uma Bharti, the accused against whom the conspiracy charge was invoked on April 19, 2017 by the apex court included former BJP MP Vinay Katiar and Sadhvi Ritambara. Three other high-profile accused have died.

The top court had held that Rajasthan Governor Kalyan Singh, during whose tenure as Chief Minister of Uttar Pradesh the disputed structure was razed, is entitled to immunity under the Constitution as long as he remained in gubernatorial position.

The top court on Monday sought assistance of the Uttar Pradesh government to devise a mechanism to extend the tenure of the special judge to enable him conclude the trial in the case.

A bench headed by Justice R F Nariman, asked the state government to apprise it by July 19 of a mechanism by which the special judge's tenure could be extended till he delivers the verdict in the high profile case.

"The special judge after two years of virtual day to day hearing is at the fag end of the hearing of the case and requires little more than six months to complete the trial together with the delivery of the judgement".

"However, in his letter to us dated May 25, 2019, he has indicated that he will be superannuating on September 30, 2019. We are of the view it is important for the special judge to conclude the proceedings and pronounce the judgement in the the case. Given the facts and circumstances, we call upon the state of Uttar Pradesh to assist us on this behalf. List on Friday," said the bench also comprising Justice Surya Kant.

The bench told senior advocate Aishwarya Bhati, appearing for Uttar Pradesh government, to find a "way out" and refer to the rules by which the tenure of the judge could be extended.

"You find out the mechanism and refer to the rules. If possible we can extend the tenure by exercising powers under Article 142 of the Constitution," the bench said.

On April 19, 2017, the top court had ordered day-to-day trial to be concluded in two years in the Babri Masjid demolition case.

While dubbing the demolition of the medieval era monument as a "crime" which shook the "secular fabric of the Constitution", it had allowed the CBI's plea on restoration of criminal conspiracy charge against the VVIP accused.

The court had come down heavily on the CBI for the delay of over 25 years in the trial and said, "The accused persons have not been brought to book largely because of the conduct of the CBI in not pursuing the prosecution of the aforesaid alleged offenders in a joint trial, and because of technical defects which were easily curable, but which were not cured by the State Government."
Issuing a slew of directions, it had said that "the proceedings (against Advani and others) in the court of the Special Judicial Magistrate at Raebareli will stand transferred to the Court of Additional Sessions Judge (Ayodhya Matters) at Lucknow."