Babri demolition case: CBI moves SC against Advani, others

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New Delhi, Feb 18 (PTI) The CBI has moved the SupremeCourt challenging an Allahabad High Court order that droppedcharges of criminal conspiracy against top BJP leadersincluding L K Advani and Murli Manohar Joshi in the BabriMasjid demolition case.

In its appeal, the agency said that the High Court hadnot come to the right conclusion and the charges of criminalconspiracy should be restored against them.

The High Court had on May 20 last year dismissed the CBIplea seeking revival of criminal conspiracy charges againsttop BJP and Sangh Parivar leaders which also includedAshok Singhal, Giriraj Kishore, Vinay Katiyar, Vishnu HariDalmiya, Sadhvi Rithambara and Mahant Avaidya Nath.

The other leaders were former Madhya Pradesh ChiefMinister Uma Bharti and former Uttar Pradesh Chief MinisterKalyan Singh, besides Shiv Sena chief Balasaheb Thackeray.

In his 44-page judgement, Justice Alok Kumar Singh of theLucknow bench of the High Court had said there was no merit inCBI''s revision petition challenging the May 4, 2001 order ofthe special court which directed dropping of criminalconspiracy charges against them.

There are two sets of cases -- one against Advani andothers who were on the dais at Ram Katha Kunj in Ayodhya onDecember six, 1992 when the Babri Masjid was demolished, whilethe other case was against lakhs of unknown ''kar sevaks'' whowere in and around the disputed structure.

Upholding the 2001 order of the Special CBI Court,Justice Singh had said, "Nothing is found against thecorrectness, legality, propriety or regularity in respect ofany of the findings of the lower court."

All the 21 were charged under sections 153A IPC(promoting enmity between classes), 153B (imputations,assertions prejudicial to national integration) and 505 (falsestatements, rumours etc circulated with the intent to causemutiny or disturb public peace).

The judge had noted that the CBI filed supplementarycharge sheet in May 2003 against Advani and seven otherleaders adding sections 147 IPC (rioting) and 149 (unlawfulassembly).

The trial in this case is proceeding in a Rae Barelicourt.

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 nooccasion for this court to make any interference in theimpugned order." (MORE) AAC RB RKS RAX VMN

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