NEW DELHI: April 1 , 2015: DHNS
The Supreme Court on Tuesday issued notice to BJP leaders L K Advani, M M Joshi and others on a plea seeking restoration of criminal conspiracy charges against them in the 1992 Babri Masjid demolition case.
A bench of Chief Justice H L Dattu and Justice Arun Mishra sought response from the accused leaders including Union Minister Uma Bharti, Rajasthan Governor Kalyan Singh and the CBI within four weeks on an application filed by Haji Mehboob, a petitioner in the title suit representing the Muslim community in the Babri Masjid-Ramjanmabhoomi case.
Haji Mehboob, a petitioner in the title suit representing the Muslim community in the Babri Masjid-Ramjanmabhoomi case, contended that in view of the changed political scenario and the accused occupying high positions, the CBI may not seriously pursue the case.
Senior advocate Kapil Sibal and advocate M R Shamshad represented Mehboob. They urged the bench to allow him to intervene in the case. The bench subsequently admitted the petition and fixed it for hearing after four weeks.
During a brief hearing, Additional Solicitor General N K Kaul submitted that the CBI would require some time to prepare its documents to show why the delay occurred in challenging the May 2010 order of the Allahabad High Court, which led to criminal conspiracy charges against the politicians being dropped.
Allowing a plea by the CBI, the bench said the agency has to satisfy the court on the question of delay and maintainability of its plea.
“Though the CBI is technically under the office of prime minister, for all practical purposes, the home minister is also an important authority. Due to this complete change in the political scenario, the entire litigation policy of the Central government and various statutory authorities have seen substantial change in their stand and attitude,” the petitioner contended.
There are two cases: One against Advani and others who were on a dais in Ayodhya in December 1992 when the Babri Masjid was demolished, while the other case was against unknown ‘karsevaks’ who were in and around the disputed structure. The first case was going on in Rae Bareilly while the second one was being tried in Lucknow.
The CBI had moved the apex court in 2011 against the Allahabad High Court’s order of May 20, 2010, dismissing its plea to revive the criminal conspiracy charges against top BJP and Sangh Parivar leaders, including M M Joshi, Kalyan Singh, Ashok Singhal, Giriraj Kishore (now deceased), Vinay Katiyar, Sadhvi Rithambara and Mahant Avaidya Nath.
The court has to first decide the maintainability of the appeal in view of the 167-day delay in filing a petition against the order of May 2010.
The CBI had earlier contended that irreparable loss would be caused to the nation if the delay in filing an appeal was not condoned.
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