On a fresh petition contending that CBI may not press its plea against Allahabad high court order discharging 21 persons including BJP senior leaders LK Advani, Murli Manohar Joshi and present union minister Uma Bharati in 1992 Babri Masjid demolition case, the Supreme Court on Tuesday issued notices to all the BJP/VHP leaders in the case.
On a fresh petition contending that CBI may not press its plea against Allahabad high court order discharging 21 persons including BJP senior leaders LK Advani, Murli Manohar Joshi and present union minister Uma Bharati in 1992 Babri Masjid demolition case, the Supreme Court on Tuesday issued notices to all the BJP/VHP leaders in the case.
In his plea, Haji Mehboob Ahmed, who was a party in the original title suite case on Ayodhya issue, alleged that "CBI is technically under the office of prime minister but for all practical purposes, the home minister is an important authority. Due to complete change in political scenario, the CBI may change its stand and may not seriously press the petition in its true intent and spirit to uphold the rule of law."
Appearing before the bench headed by chief justice of India HL Dattu and Justice Arun Mishra issued the notice after former law minister and senior counsel Kapil Sibal told the bench should hear Mehboob's plea along with the CBI's plea.
According to the plea that Rajnath Singh, an accused in the case, is now home minister and his ministry has administrative control over CBI. Further, another accused, Kalyan Singh, is now Governor of Rajasthan.
"In last one year there has been change o government at the Centre, wherein the leaders of the same political party (BJP) have become the successor government. One accused of the criminal trial is a cabinet minister and the leader against whom there is a charge of serious omission–Rajnath Singh is occupying very high position in the council of ministers. Another person is a governor of Rajasthan (Kalyan Singh)," Mehboob said.
Meanwhile, the apex court also gave CBI four weeks time to get the papers to support its case challenging the discharge of Advani and others.
Additional solicitor general NK Kaul told the apex court that the CBI had filed an affidavit explaining the delay in filing the petition challenging the high court ruling.
Upholding the trial court's order, the Allahabad high court on May 20, 2010 absolved 21 persons of the charge of criminal conspiracy that led to the razing of the 16th century mosque in the Uttar Pradesh town of Ayodhya on December 6, 1992.
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