Fresh Hopes
In Babri Masjid Demolition Case
By Rizvi Syed
Haider Abbas
04 November, 2004
Countercurrents.org
Any
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
FIRs 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 CBIs 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 Save
I.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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