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SC seeks report from trial judge in Babri Masjid demolition case

Press Trust of India  |  New Delhi 

The Monday sought a report from a in a court on how he intends to complete the trial in the demolition case involving BJP veterans L K Advani, M M Joshi and within the April 2019 deadline.

A bench of Justices R F and also sought the government's response on a plea of trial court S K Yadav, whose promotion was stayed by the on the ground that the apex court had directed him to complete the trial.

The court asked for the report from the in a sealed cover.

On April 19, 2017, the apex court had said BJP stalwarts Advani, Joshi and would be prosecuted for serious offence of criminal conspiracy in the politically- sensitive 1992 demolition case and had ordered day-to-day trial to be concluded in two years, that is April 19, 2019.

The apex court had dubbed the demolition of the medieval era monument a "crime" that had shaken the "secular fabric of the Constitution" and allowed the CBI's plea on restoration of criminal conspiracy charge against the VVIP accused.

"There shall be no de novo (fresh) trial. There shall be no transfer of the Judge conducting the trial until the entire trial concludes. The case shall not be adjourned on any ground except when the sessions court finds it impossible to carry on the trial for that particular date," the apex court had then said.

There were two sets of cases relating to the demolition of the disputed structure on December 6, 1992. The first involved unnamed 'karsevaks', the trial of which is taking place in a court, while the second set of cases relate to the leaders in a

The apex court had ordered clubbing of th separate trials in the trial courts of and should be clubbed, to be conducted in Lucknow.

The conspiracy charge against 13 accused including Advani, Joshi and was dropped in the case, the trial of which was being held at a special court in Rae Bareli.

The second set of case was against unknown 'karsevaks' who were in and around the disputed structure and had pulled it down. The trial against them was being held in a

The appeals were filed by one Haji Mahboob Ahmad (since dead) and the CBI against dropping of conspiracy charges against 21 accused including the top BJP leaders, eight of whom have died.

A supplementary charge sheet was filed against eight persons, but not the 13 who were discharged for plotting the demolition.

Besides BJP leaders Advani, Joshi and Bharti, conspiracy charges were dropped against Kalyan Singh (currently the of Rajasthan), supremo Bal Thackeray and (both have since died).

The others against whom the conspiracy charge was dropped include Vinay Katiyar, Vishnu Hari Dalmiya, Satish Pradhan, C R Bansal, (now deceased), Sadhvi Ritambhara, Mahant Avaidhynath (now deceased), R V Vedanti, Paramhans (now deceased), Jagdish Muni Maharaj, B L Sharma, Nritya Gopal Das, Dharam Das, and (now deceased).

The appeals have sought setting aside of the Allahabad High Court's order of May 20, 2010, dropping section 120B (criminal conspiracy) under the IPC while upholding a special court's decision.

The CBI had charge-sheeted Advani and 20 others under sections 153A (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) of the IPC.

It had subsequently invoked charges under section 120B (criminal conspiracy), which was quashed by the special court whose decision was upheld by the high court.

While upholding the special court's order, the high court had said the CBI at no point of time, either during the trial at Rae Bareily or in its revision petition, had ever stated that there was offence of criminal conspiracy against the leaders.

(This story has not been edited by Business Standard staff and is auto-generated from a syndicated feed.)

First Published: Mon, September 10 2018. 13:50 IST
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