Fingers are crossed for senior BJP leaders Lal Krishna Advani, Murli Manohar Joshi and Uma Bharti as the Supreme Court on Friday ordered that the trial against them in the 1992 Babri Masjid demolition case should be pronounced latest by April 2020.
The case is currently pending trial before a Lucknow court where these leaders are being tried for criminal conspiracy charge under Section 120B of the Indian Penal Code along with other offences of inciting mob that led to the 16th century mosque to be razed. The trial judge hearing the case wrote a letter on May 25, 2019 informing the apex court of his impending retirement in September this year. As the trial won't finish by then, he requested for an extension of at least six months. This letter was necessary as it was by a Supreme Court order on April 19, 2017 the trial was directed to be completed in two years.
The bench of Justices Rohington F Nariman and Surya Kant, after considering the letter by District and Sessions Judge Surendra Kumar Yadav, observed that a situation had arisen where the extension was "unavoidable" and in public interest. The Uttar Pradesh government informed the Court that the State Service Rules did not allow any extension of service beyond superannuation.
This prompted the Court to use its extensive Constitutional power under Article 142. The bench said, "We direct that the Special Judge (Ayodhya Prakaran) be continued as special judge for the purpose of this trial until it concludes and judgment is delivered." The bench directed the trial in the case to be completed in the next six months and judgment to be delivered in nine months from the date of this order. Both Central Bureau of Investigation (CBI) and the accused were asked to cooperate with the trial judge by presenting evidence on time and replacing oral arguments with written submissions to the extent possible.
The Court directed Uttar Pradesh government to pass necessary orders of extension within four weeks after consulting with the Allahabad High Court. The bench clarified that the Special Judge will not hold any other responsibility other than deciding this particular trial during his period of extension. He will continue to remain under the administrative control of the High Court. Chief Secretary, Uttar Pradesh would file an affidavit informing compliance of Court's order after four weeks.
It was on April 19, 2017, a two-judge bench of SC directed that the charge of criminal conspiracy be added in the trial against Advani, Joshi, Bharti, Vinay Katiyar, Sadhvi Rithambara and Vishnu Hari Dalmia. These persons were separately tried for the Babri Masjid demolition at a Rae Bareilly court while the other accused faced trial at Lucknow. The Court merged the two trials to be held at Lucknow. The only exemption was granted to BJP leader Kalyan Singh, who being the Governor of Rajasthan, enjoyed immunity from prosecution. However, trial against him would commence when he ceases to be Governor.
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According to a Supreme Court order pronounced on April 19, 2017. The trial of the Babri Masjid demolition case was directed to be completed in two years from the date of the order
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