The CBI move assumes significance as it has come just before the budget session of parliament which begins on Monday. The issue is likely to be raised in parliament by the ruling and opposition parties as well.
CBI told the apex court that the High Court had not come to the right conclusion and the ‘charges of criminal conspiracy should be restored against them’.
The appeal said that high court verdict discharging Advani and others of the offences of criminal conspiracy is “inconsistent with the previous judgment rendered by the Allahabad high court on February 12, 2001.”
Both trial court and the High Court have analysed the evidence and decided that there were two categories of accused persons and logically 21 persons (Advani and others) belong to the category of instigator and distinct from those who actually executed the act of demolition, the appeal stressed
The High Court 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 judgment, 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 which 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 6th December, 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 IPC (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).
The judge had noted that the CBI filed supplementary charge sheet in May 2003 against Advani and seven other leaders adding sections 147 IPC (rioting) and 149 (unlawful assembly).The trial in this case is proceeding in a Rae Bareli court.
While dismissing the CBI petition, the judge had said, “There is no embellishment in the impugned order dated May 4, 2001 either on factual or legal matrix. Hence there is no occasion for this court to make any interference in the impugned order.”