Fresh Hopes In Babri Masjid Demolition Case
By Rizvi Syed Haider Abbas
04 November, 2004
Countercurrents.orgAny new happening in the Babri Masjid demolition case, howsoever small, is bound to make political tremors. The latest move from Lucknow High Court under Justice MA Khan on Nov 2, 2004 , to issue notice to the accused have raised hope of getting the proceedings rolling once again.
First some history. After the demolition of Babri Masjid. Two FIRs were registered under FIR No.197/1992 and 198/1992 at police station, Ayodhya, in Faizabad, U.P. The UP government had then set up a special Court in Rae Bareli (UP) in July 1993 for CBCID ( State investigating agency) in Babri Masjid case. Thereafter, the demolition case (197/1992) was given to CBI, nations premier investigating agency, while the state police dealt with the 198/1992 case. This was followed by the next move of bunching the two FIR’s by CBI and filing a composite changesheet on Oct 5, 1993 in the Lucknow Special CBI Court.
The first FIR (197/1992) was against unknown karsevaks while the second FIR No. 198/1992 included high profile BJP and VHP leaders like LK Advani, MM Joshi, Ashok Singhal Uma Bharti, Girirraj Kishore, VH Dalima Vinay Katiyar and Rithambra. Those all accused in FIR No. 198/92 were charged under Indian Penal Code section 153 A, 153-B, 295,295 (A) and 505. The charge of 120-B (conspiracy) was added during investigation.
All this would continue for eight years until on Feb 12,2001 Justice Jagdish Bhalla set aside the CBI’s move on a technical ground which was ‘ curable’. While ordering the same at the Lucknow bench of Allahabad High Court he had said that CBI did not take permission of High Court into bunching the two FIRs and the same could be cured by the issuance of a fresh notification by UP government. Rajanth Singh was UP CM then and followed by Mayawati, therefore, issuance of a fresh notification was out of consideration,. Surprisingly now Malayam Singh Yadav has consideration. Surprisingly, now even, Mulayam Singh Yadav has toed the same line.
Quite understandably the accused of 198/92 applied to CBI to drop proceedings against them saying that CBI had no jurisdiction to try cases under 198/92 and Additional Session Judge Srikant Shukla dropped cases against the eight accused as well as against the 13others on May 4, 2001.
CBI filed a revision on Lucknow High Court on June 19, 2001 against the order passed by SK Shukla
(Additional Session Judge, Ayodhya dispute) whereby he had dropped proceedings against 21 persons accused in the demolition of Babri Masjid case. Eight of these 21 persons were named in Crime No. 198/1992 and against whom the CBI had filed supplementary chargesheet before the Rai Bareli Court. Although as against the remaining 13 persons there no separate chargesheet has been filed by the CBI.
CBI did not file a separate chargesheet on the pretext that the 13 accused have been covered in the Crime No. 197/1992, hence, there was no requirement of a separate chargesheet as such.
This revision -petition of CBI (June 19,2001) has been getting listed time and again but the CBI was not arguing it on the ground that the matter of jurisdiction of Special Court of CBI at Lucknow was under consideration of Supreme Court in a review petition. This review petition is pending before the Apex Court filed by Mohammad Aslam Bhure and Mohammad Muslim Ansari as an intervenor.
The latest hearing on Nov 2, 2004 was taken by CBI counsel PK Chanbey and he argued against the order of May 5, 2001 (of SK Shukla) and that the order be quashed before Jusitce MA Khan at the Lucknow bench of Allahabad High Court. Justice MA khan issued notices to all the 21 accused in the case. However, the notice will be served to only 18 as one of these 21 accused, Lakshami Narain Tyagi has turned an approver while Vijay Raje Scindia and Ramcharadas Param Hans have died during this time.
It may be mentioned that originally CBI had charged 49 persons (Vijay Raje Sindia and Ramchandra Paramhans have died) and out of these 21 had got the proceedings against them to be dropped (May 5, 2001). Thereafter, when CBI filed a revision and the High Court had summoned the entire record and as such the proceedings against the remaining 26 were put in abeyance. This was preceded by an interim order passed in RN Srivastava case (he was District Magistrate of Faizabad in Dec 1992) on Sep 24, 2003 and staying further the proceedings against them. Those 26 persons who had got proceedings stayed against them have been charged under IPC sections 332, 338, 201, 159, 395 and 120-B. RN Srivastava and DB Rai, who was Senior Superintendent of Police, Faizabad in Dec 92 were charged under IPC 153-A, 295, 295 (A), 505, 201 read with 114 IPC. DB. Rai, later became a BJP parliamentarian from Sultanpur, UP.
The 21 accused against whom the notice has been issued are:
Bala Sahab Thakray
Kalyan Singh
Satish Pradhan
Champat Rai Bansal
Lal Krishna Advani
Murli Manohar Joshi
Uma Bharti
Vinay katiyar
Ashok Singhal
Giri Raj Kishore
Sadhavi Ritambara
Vishnu Hari Dalmia
Mahant Aditaya Nath
Ram Vilas Vedanti
Param Hans Ramchanda Das (dead)
Mahamandaleshwar Jagdish
B.L. Sharma ‘Prem’
Mahant Nritya Gopal Das
Dharam Das
Satish Nagar
Moreshwar SaveI.B. Singh advocate of RN Srivastava informed in Lucknow saying that the court has asked all the accused to explain why legal proceedings should not be initialed against them.
Meanwhile, the developments on the order of exoneration of LK Advani on Sep 19, 2003 by Special Judicial Magistrate VK Singh, at Rae Bareli court and the subsequent stay given to the other six including MM Joshi Ashok Singhal Uma Bharti, Giriraj Kishore, VH Dalmia, Vinay Katiyar and Rithambra is evenly poised and is to be listed on the coming Nov 9th.
The exoneration of LK Advani on Sep 19, 2003 has its roots where-in the refusal of issuing a fresh notification came from Rajnath Singh and Mayawati. The dilly dally approach of UP government made former Indian High Commissioner Kuldip Nayyar and four others seek help from High Court Lucknow which did not issue any direction to UP government, thus, forcing them to seek solace in Supreme Court. The Supreme Court rounded Mayawati and she filed an affidavit on Nov. 23, 2002 saying that there already existed a Special Court in Rae Bareli where the case could be taken up. CBI, thereafter, had then filed a supplementary chargesheet on May 30, 2003 devoid of the conspiracy charge ! This was a prelude to the final dropping of charges against L K Advani on Sep 19,2003 while ordering the framing of charges against the six other accused. Predictable, they too finally got a stay order from Allahabad High court on the order of Rai Bareli Court to chargesheet them on Sep 30, 2003.
Days passed until came the 90 day deadline came and CBI did not file any revision against the Sep 19, 2003 order, and then finally making Haji Mehboob file a revision petition on Dec 17,2003 along with another application by Mohammad Hashim Ansari. Now, this revision petition is going to be taken again on Nov 9.
CBI, now has taken some active steps into tightening the noose against Babri Masjid demolition accused, an attitude found missing during the last BJP led NDA government. The last time the Haji Mehboob revision was taken before court was on Sep 28, 2004 which triggered a brain storming of BJP leaders in New Delhi to deal with the new arising situation.
Kalyan Singh, the then UP CM in 1992 is unfazed. "The case is nothing and nothing has been done by the Court to redress the question of faith Hindus have in Ram Temple," he said before alleging that now CBI is working under PM Manmohan singh who is under the guidance of Congress president Sonia Gandhi.
" The fallout of this notice issuance can be enormous as the proceedings against the 13 accused may start if the order of May 5, 2001 is quashed. This would make the 13 accused to be taken-up by the CBI Court in Lucknow as they are covered FIR No. 197/92 and which has a conspiracy charge as well," said Zafaryab Jilani, counsel for Babri Masjid.
What would be the outcome on Dec 16, 2004 when the next hearing is to be held cannot be comprehended but the CBI has of course signalled some activity into proving its seriousness for getting the Babri Masjid demolition accused be finally brought to justice.
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