The Supreme Court on Monday indicated that it was open to reviving the criminal conspiracy charge against senior BJP leaders, including lK Advani, Murli Manohar Joshi and Uma Bharti, in the Babri Masjid demolition case.
Dealing with a CBI appeal against an Allahabad High Court order in 2010 upholding the dropping of this charge against 13 people, the Bench of Justices PC Ghose and Rohinton F Nariman was of the view that dropping of the charge under IPC Section 120 B (criminal conspiracy) on technical grounds cannot be accepted. The observation by the court virtually resurrected the appeal pending in the apex court since 2011.
Besides, the court also supported clubbing of the two trials related to the demolition of Babri Masjid. The court pointed out that the trial was getting delayed on account of separate proceedings in a Raebareli court (against the high-profile political functionaries including Advani) and at a designated lucknow court (against unknown kar sevaks).
“There are 13 people who were discharged only on technical grounds. Today, we are saying why can’t we club both the cases and have a joint trial,” the court said.
The observation by the court backed the stand taken in the past by the CBI in the SC. On Monday, Additional Solicitor General (ASG) Neeraj Kishan Kaul reiterated the CBI stood by its view that criminal conspiracy charges against the 13 ought not to have been dropped and that both trials be held at one place.
In an affidavit filed in 2015, the CBI had opposed the separation of trial of Advani, Joshi, Bharti, Vinay Katiyar, and other senior leaders of Vishwa Hindu Parishad. It termed both orders of the lucknow trial judge passed on May 4, 2001 and the Allahabad High Court on May 20, 2010 as “totally erroneous”. The CBI affidavit further stated that the dropping of criminal conspiracy against the high-profile accused was also not in the interest of justice since the two set of trials were part of a “single conspiracy”.
“Each of the 49 charge-sheeted accused participated and facilitated the achievement of the object of the said criminal conspiracy (to demolish the disputed structure on December 6, 1992),” the CBI said.
However, the counsels appearing for the accused did not support the court’s observation.
Senior advocate KK Venugopal appearing for Advani stated that clubbing of the trial will lead to “de novo” trial (fresh trial) as more than 100 witnesses on both sides will be needed to be re-examined.
The court observed that the trial should not be delayed and proceedings merged. “These 13 people have been discharged due to technical reasons. A supplementary charge sheet has already been filed against eight people. Why can’t the two trials be clubbed and trial go on,” the court said.
The matter has been posted for further hearing next on March 22.
The appeals were filed by late Haji Mahboob Ahmad and the CBI against the HC order which agreed with the trial court that the charge of criminal conspiracy was never invoked against Advani and others at the beginning of the trial and was subsequently introduced to make good their case under IPC Sections 153A (promoting enmity between classes), 153B (imputations, assertions prejudicial to national integration) and 505 (false statements, rumors, etc., circulated with the intent to cause mutiny or disturb public peace).