Supreme Court seeks report from trial judge in Babri Masjid demolition case
NEW DELHI: The Supreme Court on Monday sought a report from a sessions judge in a Lucknow court on how he intends to complete the trial in the Babri Masjid demolition case involving BJP veterans LK Advani, MM Joshi and Uma Bharti within the April 2019 deadline.
A bench of Justices RF Nariman and Indu Malhotra also sought the Uttar Pradesh government's response on a plea of trial court judge S K Yadav, whose promotion was stayed by the Allahabad High Court on the ground that the apex court had directed him to complete the trial.
The court asked for the report from the judge in a sealed cover.
On April 19, 2017, the apex court had said BJP stalwarts Advani, Joshi and Uma Bharti would be prosecuted for serious offence of criminal conspiracy in the politically- sensitive 1992 Babri Masjid demolition case and had ordered day-to-day trial to be concluded in two years, that is April 19, 2019.
The apex court had dubbed the demolition of the medieval era monument a "crime" that had shaken the "secular fabric of the Constitution" and allowed the CBI's plea on restoration of criminal conspiracy charge against the VVIP accused.
"There shall be no de novo (fresh) trial. There shall be no transfer of the Judge conducting the trial until the entire trial concludes. The case shall not be adjourned on any ground except when the sessions court finds it impossible to carry on the trial for that particular date," the apex court had then said.
There were two sets of cases relating to the demolition of the disputed structure on December 6, 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 leaders in a Rae Bareli court.
The apex court had ordered clubbing of th separate trials in the trial courts of Raebareli and Lucknow should be clubbed, to be conducted in Lucknow.
The conspiracy charge against 13 accused including Advani, Joshi and Bharti was dropped in the case, the trial of which was being held at a special court in Rae Bareli.
The second set of case was against unknown 'karsevaks' who were in and around the disputed structure and had pulled it down. The trial against them was being held in a Lucknow court.
The appeals were filed by one Haji Mahboob Ahmad (since dead) and the CBI against dropping of conspiracy charges against 21 accused including the top BJP leaders, eight of whom have died.
A supplementary charge sheet was filed against eight persons, but not the 13 who were discharged for plotting the demolition.
Besides BJP leaders Advani, Joshi and Bharti, conspiracy charges were dropped against Kalyan Singh (currently the Governor of Rajasthan), Shiv Sena supremo Bal Thackeray and VHP leader Acharya Giriraj Kishore (both have since died).
The others against whom the conspiracy charge was dropped include Vinay Katiyar, Vishnu Hari Dalmiya, Satish Pradhan, C R Bansal, Ashok Singhal (now deceased), Sadhvi Ritambhara, Mahant Avaidhynath (now deceased), R V Vedanti, Paramhans Ram Chandra Das (now deceased), Jagdish Muni Maharaj, B L Sharma, Nritya Gopal Das, Dharam Das, Satish Nagar and Moreshwar Save (now deceased).
The appeals have sought setting aside of the Allahabad High Court's order of May 20, 2010, dropping section 120B (criminal conspiracy) under the IPC while upholding a special court's decision.
The CBI had charge-sheeted Advani and 20 others under sections 153A (promoting enmity between classes), 153B (imputations, assertions prejudicial to national integration) and 505 (false statements, rumours etc circulated with the intent to cause mutiny or disturb public peace) of the IPC.
It had subsequently invoked charges under section 120B (criminal conspiracy), which was quashed by the special court whose decision was upheld by the high court.
While upholding the special court's order, the high court had said the CBI at no point of time, either during the trial at Rae Bareily or in its revision petition, had ever stated that there was offence of criminal conspiracy against the leaders.
courtesy : timesofindia.indiatimes.com
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CM Siddaramaiah alleges ‘criminal conspiracy’ in Sringeri recount, vows legal action
Bengaluru (PTI): Alleging a “criminal conspiracy” by BJP candidate D N Jeevaraj in the Sringeri Assembly poll recounting, Karnataka CM Siddaramaiah on Tuesday said the outcome was manipulated after valid postal ballot votes in favour of Congress leader T D Raje Gowda were tampered with during the recounting process.
Following a Karnataka High Court order on an election petition filed by Jeevaraj, challenging Raje Gowda’s election, the reverification and recounting were conducted on Saturday.
After the reverification and recount of postal ballots for the Sringeri Assembly constituency, votes polled in favour of Raje Gowda were reduced by 255, the returning officer said.
A report on the matter has been submitted to the Election Commission of India for further action, the officer added.
Congress leader Raje Gowda had won the 2023 Assembly polls from Sringeri by 201 votes, defeating his nearest rival Jeevaraj.
Addressing a press conference in Bengaluru, Siddaramaiah said the High Court had directed the recounting of postal ballots and that irregularities were noticed during the exercise conducted on May 2.
“This is a clear case of criminal conspiracy,” Siddaramaiah said, alleging that valid votes cast in favour of Raje Gowda were altered after being accepted by counting agents of all parties, including Congress, BJP, and JD(S).
He claimed that during the recounting of postal ballots, 255 votes were initially accepted as valid by all agents but were later tampered with by subordinate officials.
“There is a second mark on the votes polled in favour of Raje Gowda. They had accepted these as valid votes. Subsequently, another mark was made by officials. This is a clear case of criminal conspiracy,” he said.
When asked who was behind the alleged conspiracy, the CM replied, “It was hatched by Jeevaraj and others. It is planned.”
Siddaramaiah further alleged that the returning officer acted improperly by declaring the result despite the presence of an Election Commission observer during the recounting.
“Immediately after the counting, the returning officer announced the result. He should not have done so; this is against the law,” he said.
He pointed out that Raje Gowda had originally won by 201 votes, but after the recounting, the BJP candidate was declared the winner by 52 votes.
“The BJP has committed a criminal act of conspiracy. This is not vote chori but vote dacoity,” he alleged.
The CM said a police complaint had already been filed by Raje Gowda’s election agent, Sudhir Kumar, and emphasised the need for electoral integrity.
“We want transparency and free and fair elections. That is what our Constitution mandates,” he added.
Stating that the government would pursue legal remedies, Siddaramaiah said, “We are preparing an appeal challenging the returning officer’s announcement in a court of law.”
Responding to a separate query on elections in other states, the CM said there appeared to be an anti-incumbency factor in West Bengal, while results in Tamil Nadu were “surprising,” adding that Vijay’s party was emerging as the largest there.
Following the victory of party candidates in Bagalkote and Davanagere South, Siddaramaiah expressed confidence about future electoral prospects in Karnataka.
“Even in 2028, we will win the Assembly elections. We will come back,” the CM said.
Siddaramaiah added that he would order a forensic examination into the alleged tampering of postal ballots.
