CBI delaying Babri case in special court?

The Supreme Court on Thursday issued strong directions for the speedy hearing of the Ayodhya demolition case in the special court at Rae Bareli against senior BJP leader LK Advani and 19 others against whom charges of criminal conspiracy had been dropped by the trial court.

The apex court was hearing an appeal by the CBI challenging the Allahabad HC judgment which had upheld the trial court’s order dropping the conspiracy charge.

However, the task is easier said than done. Of the total 49 accused, the case is being heard against 22 in a special Lucknow court and against eight others, including Advani, at the special court in Rae Bareli. Ten of the accused and as many as 50 witnesses have died while the case continues to drag on. Interestingly, there are nine accused against whom the case is not in process in any court.

In December last year, the Allahabad HC had passed an order for day-to-day hearing in the special court at Rae Bareli. The HC order also says that the gap between the conclusion of a witness hearing and the next date for hearing of another witness should not be more than a week. However, the hearing in the Rae Bareli special court has failed to pick up, many say due to the laxity on the part of the CBI itself.

Triloki Nath Pande representing the Vishwa Hindu Parishad says, “The CBI actually has great sympathy for the accused. It will continue to contest the case till even one of them is alive. They (the CBI) don’t want any of them (accused) to be punished.” He terms the working of the CBI “bhool-bhulaiyya” (a maze).

Zafaryab Jilani, counsel for another party to the dispute, also blames the CBI for the delay, though for different reasons. “The CBI has been presenting irrelevant witnesses in the Rae Bareli court. There is already a HC order for speedy day-to-day hearing but the CBI is unable to present witnesses. This way, it will take ages for the trial to be completed,” he says.