M A I N   N E W S

Babri case: SC notices to UP, CBI

New Delhi, November 19
The Supreme Court today issued notices to Uttar Pradesh Government and CBI on two petitions challenging an Allahabad High Court order quashing the framing of charges against Union Ministers L.K. Advani, Murli Manohar Joshi and Uma Bharti and top VHP leaders in the Babri mosque demolition case.

A Bench comprising Mr Justice G.B. Pattanaik and Mr Justice N. Santosh Hegde gave four weeks’ time to the state government and the investigating agency to file their response to the petitions filed by noted columnist Kuldip Nayar and an NGO, the Society for Justice.

The petitioners have challenged the February 12 order of the single Judge of the Lucknow Bench of Allahabad High Court quashing the framing of charges against the three ministers, VHP and Bajrang Dal leaders Ashok Singhal, Giriraj Kishore, Vishnu Hari Dalmia, Vinay Katyar and Sadvi Rithambara in the FIR 198/1992 registered at Ayodhya in connection with the demolition of the mosque on December 6, 1992.

The high court had held that the state government notification issued on October 8, 1993, was invalid, hence it did not “confer any jurisdiction upon the courts below to take cognisance, commit and try the case relating to FIR 198/92 under Section 153-A, 153-B and 505 of the Indian Penal Code”.

It had said, “However, the mistake in issuing the said notification of October 8, 1993, is curable and it is open for the state government to cure the legal infirmity.”

The petitioners are seeking direction from the apex court to the state government to take necessary steps to correct the mistake pointed out by the high court so that the accused persons could be tried for their alleged offence.

The Centre on August 16, 1993, had entrusted the investigation into the demolition of the disputed structure to the CBI and by notifications on September 9 and October 8 that year set up the special courts.

The high court had held that the trial of cases falling under the notification dated September 9 was valid. “The impugned September 1997 order passed by the Special/Sessions Judge (Ayodhya Prakaran), Lucknow, for framing of charges upheld as far as 48 cases referred to in the notification dated September 9, 1993...”, the high court had said.

The petitioners contended that the high court quashed the framing of charges and the trial on the basis of minor technicalities and this could not be allowed to trample upon the rule of law and the course of justice. PTI