Babri Masjid demolition case: SC asks special judge to deliver verdict within nine months

PTI, Jul 19, 2019, 2:38 PM IST

New Delhi: The Supreme Court Friday asked the special judge conducting trial in the Babri Masjid demolition case, involving BJP veterans such as L K Advani, M M Joshi and Uma Bharti, to deliver the verdict within nine months.

A bench of Justices R F Nariman and Surya Kant said the recording of evidence in the politically sensitive case should be complete within six months.

The bench also directed the Uttar Pradesh government to pass appropriate orders within four weeks to extend the tenure of the special judge, who is set to retire on September 30.

The top court said the extension of tenure of the special judge will only be for the purpose of concluding the trial and delivering the verdict in the case.

During the extended tenure, he will remain under the administrative control of the Allahabad High Court, it said.

The special judge had on Monday moved the apex court seeking six more months to conclude the matter.

Besides Advani, Joshi and Uma Bharti, the accused against whom conspiracy charge was invoked in the case by the Supreme Court on April 19, 2017, include former BJP MP Vinay Katiar and Sadhvi Ritambara.

Three other high-profile accused Giriraj Kishore, and Vishwa Hindu Parishad leader Ashok Singhal and Vishnu Hari Dalmia died during trial and the proceedings against them have been abated.

The top court had held that Rajasthan Governor Kalyan Singh, during whose tenure as chief minister of Uttar Pradesh the disputed structure was razed, is entitled to immunity under the Constitution as long as he remains in gubernatorial position.

The top court on Monday sought assistance of the Uttar Pradesh government to devise a mechanism to extend the tenure of the special judge to enable him conclude the trial in the case.

“The special judge after two years of virtual day to day hearing is at the fag end of the hearing of the case and requires little more than six months to complete the trial together with the delivery of the judgement”.

“However, in his letter to us dated May 25, 2019, he has indicated that he will be superannuating on September 30, 2019. We are of the view it is important for the special judge to conclude the proceedings and pronounce the judgement in the case. Given the facts and circumstances, we call upon the state of Uttar Pradesh to assist us on this behalf. List on Friday,” the court had said.

On April 19, 2017, the top court had ordered day-to-day trial to be concluded in two years in the Babri Masjid demolition case.

While dubbing the demolition of the medieval era monument as a “crime” which shook the “secular fabric of the Constitution”, it had allowed the CBI’s plea on restoration of criminal conspiracy charge against the VVIP accused.

The court had come down heavily on the CBI for the delay of over 25 years in the trial and said, “The accused persons have not been brought to book largely because of the conduct of the CBI in not pursuing the prosecution of the aforesaid alleged offenders in a joint trial, and because of technical defects which were easily curable, but which were not cured by the state government.”

Issuing a slew of directions, it had said, “The proceedings (against Advani and others) in the court of the Special Judicial Magistrate at Raebareli will stand transferred to the Court of Additional Sessions Judge (Ayodhya Matters) at Lucknow.”

“The court of sessions will frame additional charges under Section 120-B (conspiracy) and the other provisions of the penal code mentioned in the joint charge sheet filed by the CBI against Champat Rai Bansal, Satish Pradhan, Dharam Das, Mahant Nritya Gopal Das, Mahamadleshwar Jagdish Muni, Ram Bilas Vadanti, Vaikunth Lal Sharma and Satish Chandra Nagar,” the apex court had said.
It had also said that if trial was adjourned, then it should be fixed on the next day or a close proximate date and the reasons for it should be recorded in writing.

The CBI should ensure that on every date fixed for recording of evidence, some prosecution witnesses must remain present, so that for want of witnesses the matter is not adjourned, it had said.

The court had termed the Allahabad High Court’s February 12, 2001 verdict dropping conspiracy charge against Advani and others as “erroneous”.

Before the 2017 verdict of the apex court, there were two sets of cases relating to the demolition of the disputed structure on December 6, 1992 going on at Lucknow and Raebareli.

The trial of first case involving unnamed ‘karsevaks’ was going on in a Lucknow court, while the second set of cases relating to the eight VVIPs were going on in a Raebareli court.