"It is not possible to separate some of the accused persons from 197/92 because they did not have a personal hand in the actual demolition of the disputed structure and be transposed as accused in 198/92," said the CBI in its affadivit.
While FIR No. 198/92 accuses LK Advani, Uma Bharti, Murli Manohar Joshi, Sadhvi Rithambara, Giriraj Kishore, Ashok Singhal, Vinay Katiyar, Vishnu Hari Dalmiya of making provocative speech leading to the demolition of the mosque, FIR No. 197/92 accuses kar sevaks of demolishing the structure.
"It is incorrect to state that case crime no. 197/92 and 198/92 are two different cases and facts and the place of occurrence are different. The investigations by CBI had disclosed that there was a single larger conspiracy to demolish the disputed structure on December 12, 1992 and various accused so charged in the consolidated chargesheet in all the 49 cases played their own roles in achieving the object of the said criminal conspiracy," said the affadivit.
"Before the demolition started and during the course of demolition, various accused persons including the eight named in the FIR of crime no. 198/92, made provocative slogans from the manch (dais) causing the assembly to turn unlawful resulting in rioting and storming of the structure by the kar sevaks," said the CBI on LK Advani's role, as reported by the Times of India.
"As and when the domes fell, the accused leaders and others on the manch celebrated the same by clapping, hugging each other and distributed sweets on the manch which was at a visible distance of 175 metres from the disputed structure.
"All the offences of shouting of provocative slogans creating enmity between two communities, affecting national integration as well as the demolition of the structure and assault on media persons not to create (sic) record of what was going on, formed part of the same transaction and could not be separated from each other," it said.
The CBI challenged the HC's verdict in 2001, which dropped charges of conspiracy against Advani and Bal Thackeray and 12 others on the grounds that they were not present in Ayodhya on December 6, 1992.