Babri case: CBI moves SC against Advani, others

Challenges HC order, seeks revival of criminal conspiracy charges.

The Central Bureau of Investigation (CBI) has moved the Supreme Court (SC) challenging an Allahabad High Court order that dropped charges of criminal conspiracy against top Bharatiya Janata Party (BJP) leaders, including L K Advani and Murli Manohar Joshi, in the Babri Masjid demolition case.

In its appeal, the agency said the High Court had not come to the right conclusion and charges of criminal conspiracy should be restored against them. The High Court had on May 20 last year dismissed the CBI plea seeking revival of criminal conspiracy charges against top BJP and Sangh Parivar leaders, which also included Ashok Singhal, Giriraj Kishore, Vinay Katiyar, Vishnu Hari Dalmiya, Sadhvi Rithambara and Mahant Avaidya Nath. The other leaders were former Madhya Pradesh Chief Minister Uma Bharti and former Uttar Pradesh Chief Minister Kalyan Singh, besides Shiv Sena chief Balasaheb Thackeray.

 

In his 44-page judgement, Justice Alok Kumar Singh of the Lucknow bench of the High Court had said there was no merit in CBI’s revision petition challenging the May 4, 2001 order of the special court that directed dropping of criminal conspiracy charges against them. There are two sets of cases — one against Advani and others who were on the dais at Ram Katha Kunj in Ayodhya on December 6, 1992 when the Babri Masjid was demolished, while the other case was against lakhs of unknown ‘kar sevaks’ who were in and around the disputed structure.

Upholding the 2001 order of the Special CBI Court, Justice Singh had said, “Nothing is found against the correctness, legality, propriety or regularity in respect of any of the findings of the lower court.” All the 21 were charged under Sections 153A of the Indian Penal Code (promoting enmity between classes), 153B (imputations, assertions prejudicial to national integration) and 505 (false statements, rumours etc circulated with the intent to cause mutiny or disturb public peace).