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On Wednesday, the Supreme Court announced that senior BJP leaders LK Advani, MM Joshi and Uma Bharti will be tried for criminal conspiracy in the Babri Masjid demolition case. Kalyan Singh will not be charged right now as he is the Governor of Rajasthan but will face charges when his tenure ends.
The case will be held in Lucknow from 19 May and will have to be finished in two-years to avoid further delay to the 25-year-old case. No judges sitting on the case will be transferred and neither will any adjournments be entertained. The case will go on a day-to-day basis.
Uma Bharti will not be resigning from her Union Minister post as she clarified and it was also reaffirmed by Arun Jaitley.
Asaduddin Owaisi, president of AIMIM, said the Babri Masjid demolition case was more serious an offence than the assassination of Mahatma Gandhi.
Uma Bharti, who had displayed confidence after the Supreme Court verdict that said she will undergo a trial for conspiracy charges said she would leave for Ayodhya tonight, has cancelled her trip for now.
The Supreme Court bench of Justices Pinaki Chandra Ghose and R Nariman, in its detailed 50-page verdict, made several observations.
In a judgement dated 12 February 2001, the Allahabad High Court had decreed that the transferring of Crime No 198 from Rae Bareli to Lucknow was “defective”. The government had reportedly issued the judgement in 1993 without agreement of the High Court, which is mandatory.
Slamming the CBI for not following the HC’s orders, the Supreme Court said:
The Court added:
Chiding the CBI and the state government for not “curing technical defects”, the apex court said:
Criticising the Allahabad High Court for not following on its own order, the apex court added:
The top court also observed that the judge at Rae Bareilly was repeatedly transferred. It wrote:
MM Joshi arrives at LK Advani’s residence for a meeting.
Prime Minister Narendra Modi called a meeting of top BJP leaders. The meeting is currently underway at 7 Lok Kalyan Marg. The Babri Masjid verdict and the situation in Kashmir will be discussed at the meeting, CNN-News18 reported.
Arun Jaitley virtually ruled out Uma Bharti’s resignation from the Cabinet and described as "hypothetical" the possibility of the ruling having any bearing in selection of candidates for presidential and vice presidential polls.
He was asked whether the ruling would mean resignation of Bharti, the Minister for Water Resources, River Development and Ganga Rejuvenation, from the Union Cabinet and Kalyan Singh as Rajasthan Governor.
RJD chief Lalu Prasad Yadav alleged that the Supreme Court order allowing trial of top BJP leaders in the Babri Masjid case was "well-thought-out politics" of the Prime Minister to remove LK Advani's name from the Presidential race.
Uma Bharti has said that she will not resign from her post as Minister for Water Resources, River Development & Ganga Rejuvenation. She also ruled out charges of conspiracy in the case.
On Congress demanding her resignation she said:
Bharti said that she will travel to Ayodhya on Wednesday night.
"Koi saazish nahi thi, sab khullam-khulla tha. Mann mein aisa kuch nahi tha (there was no conspiracy, everything was out in the open),” she said.
Speaking to ANI, Asaduddin Owaisi said:
Singh will enjoy protection under Article 361 only till he is the Rajasthan Governor.
BJP spokesperson Sambit Patra on Wednesday said that the “party would study the verdict in detail, as has been announced by the Supreme Court”.
"Will examine the judgment and take appropriate steps. Haven't got full details right now. It’s not a setback for the party,” News18 quoted Union Minister Ravishankar Prasad as saying.
Senior Congress minister Kapil Sibal said that the decision to try to BJP leaders for criminal conspiracy in the Babri Masjid demolition is a “step forward in the cause of justice”.
“It is little late in the day but nevertheless satisfying to note that the law will be taking its own course,” Congress spokesperson Manish Tewari was quoted as saying.
BJP leader Vinay Katiyar told NDTV that he is "ready to go to jail for a temple in Ayodhya”.
Katiyar, who faces trial in the case, accused the CBI of targeting his party.
"We will face the Supreme Court decision. There was no criminal conspiracy. The CBI is deliberately trying to target us,” he was quoted as saying.
Congress spokesperson Sanjay Jha has said that the charges against senior leaders, like LK Advani, are “a message for BJP”.
Congress will demand resignation of Uma Bharti and Kalyan Singh, senior party leader Kapil Sibal tells Times of India.
The CBI had chargesheeted Advani under Sections 153A (promoting enmity between different groups on grounds of race, religion, race, language and doing acts prejudicial to maintenance of harmony) among others charges.
The Supreme Court has allowed CBI’s appeal challenging the withdrawal of conspiracy charges against LK Advani. CBI will now be allowed to try Advani, MM Joshi and Uma Bharti with conspiracy charges.
Bharti may face demands for resignation from opposition as she is now an accused in the case.
Vinay Katiyar, Sadhvi Ritambara, Satish Pradhan, Champat Rai Bansal and Late Giriraj Kishore also face criminal conspiracy charges.
The Supreme Court is likely to pronounce its verdict on Wednesday on a plea seeking restoration of conspiracy charges against senior BJP leaders, including 89-year-old LK Advani, MM Joshi and Uma Bharti in the 16th century Babri Masjid demolition case.
There were two sets of cases relating to the demolition of the disputed structure on 6 December 1992. The first involved unnamed karsevaks, the trial of which is taking place in a Lucknow court, while the second set of cases relate to the VVIPs in a Raebareli court.
The CBI had clarified that it was not making any submission on the issue of the trial of the VVIPs accused but restricting itself to restoration of the charge of conspiracy against them.
The clubbing of two FIRs was opposed by the counsel for the accused on the grounds that different individuals were named as accused in both cases - the trials of which were at an advanced stage at two different places. They were of the view that a joint trial would lead to fresh proceedings.
The appeals were filed by Haji Mahboob Ahmad (since deceased) and the CBI, against the dropping of conspiracy charges against 21 accused. Eight of the 21 persons accused of conspiracy have died since the demolition in 1992.
In 2010, the Allahabad High Court disagreed with the CBI about criminal conspiracy charges for the BJP veterans, which meant that the leaders' case continued to be heard in Raebareli. The CBI has appealed against that decision in the top court.
The 16th century Babri mosque at Ayodhya was demolished on 6 December 1992. Senior BJP leaders, including LK Advani Advani, Murli Manohar Joshi and Uma Bharti, were charged with making inflammatory speeches which motivated lakhs of right-wing volunteers or karsevaks to raze the mosque to the ground. The demolition sparked nationwide riots that claimed the lives of over 2,000 people.
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