CBI moves SC against Advani in Babri demolition case
In its appeal, the agency said that the high court had not come to the right conclusion and the charges of criminal conspiracy should be restored against them.
The Allahabad High Court had on May 20, 2010 dismissed the CBI plea seeking revival of criminal conspiracy charges against top BJP and Sangh Parivar leaders which also included Ashok Singhal, Giriraj Kishore, Vinay Katiyar, Vishnu Hari Dalmiya, Sadhvi Rithambara and Mahant Avaidya Nath.
The other leaders were former Madhya Pradesh Chief Minister Uma Bharti and former Uttar Pradesh Chief Minister Kalyan Singh, besides Shiv Sena chief Balasaheb Thackeray.
Image: File photo of the Babri Masjid demolition
The Lucknow HC had dropped the CBI's petition
There are two sets of cases -- one against Advani and others who were on the dais at Ram Katha Kunj in Ayodhya on December 6, 1992 when the Babri Masjid was demolished, while the other case was against lakhs of unknown 'kar sevaks' who were in and around the disputed structure.Upholding the 2001 order of the Special CBI Court, Justice Singh had said, "Nothing is found against the correctness, legality, propriety or regularity in respect of any of the findings of the lower court."
Image: BJP leader L K Advani
A case is also on in a Rae Barelli court
The judge had noted that the CBI had filed supplementary charge sheet in May 2003 against Advani and seven other leaders adding sections 147 IPC (rioting) and 149 (unlawful assembly). The trial in this case is proceeding in a Rae Bareli court.
While dismissing the CBI petition, the judge had said, "There is no embellishment in the impugned order dated May 4, 2001 either on factual or legal matrix. Hence there is no occasion for this court to make any interference in the impugned order."
Image: Former UP CM Kalyan Singh
The HC had directed the CBI to appeal to the lower court
The judge had agreed with the special court's conclusion that Shiv Sena supremo Balasaheb Thackeray, Kalyan Singh and Satish Pradhan were not physically present on the dais.
If the CBI has any evidence of conspiracy against them, it can file supplementary charge sheet in Rai Bareli court, the high court had said.
Image: BJP Leader Murli Manohar Joshi