Ayodhya demolition case posted to Apr 29

Rae Bareli, Apr 15 (UNI) A local court today posted the Ayodhya demolition case to April 29.

Meanwhile, three witnesses -- Mohd Kasim, Aslam and Awadhesh Upadhyaya -- in the case had come to the court, but their statements could not be recorded.

The eight accused in the case include former deputy prime minister Lal Krishna Advani, former union minister Murli Manohar Joshi, former Madhya Pradesh chief minister Uma Bharti, BJP general secretary Vinay Katiyar, VHP president Ashok Singhal and senior Parishad leaders Vishnu Hari Dalmia, Acharya Giriraj Kishore and Sadhvi Ritambhara.

Earlier, defence counsels -- Mridul Rakesh, L B Singh and Anurag Ahloowalia -- submitted an application on behalf of the eight accused before the court of Additional Chief Judicial Magistrate V K Singh.

The application questioned and inter alia challenged the locus standi vis-a-vis the competance of the CBI to conduct prosecution and thereby prosecute the accused, and also examine the prosecution witnesses against them.

Mr Rakesh pleaded the CBI was not competent or authorised to conduct the prosecution of the accused.

He submitted the CBI was covered by the Delhi Special Police Establishment Act 1946 and it could investigate only those offences for which it had been specially authorised under the said act.

The defence counsel pointed out it was Uttar Pradesh, which was prosecuting the accused and the central government/Union of India had nothing to do with the prosecution of the accused facing trial in the court.

He pleaded the central agency could investigate offence only after obtaining the consent of the state Government Under section six of the act and in that case too, would remain an investigating agency and not convert itself into a prosecuting agency.

Mr Rakesh contended that UP had two separate wings of investigation and prosecution and only the public prosecutor of the state was competent to deal with the case.

Meanwhile, special public prosecutor P K Chaube asserted the CBI was fully competent to investigate the case and prosecute the accused persons. He said he would submit documentary evidence in support of his contention.

The court fixed April 29 for filing of objections by the CBI counsel.

UNI XC VS VD KN1730