Supreme Court has ordered that the suit will run under the criminal conspiracy (Section 120 B) on 13 leaders of BJP and Vishva Hindu Parishad including senior BJP leaders LK Advani, MM Joshi, Union Minister Uma Bharti, Kalyan Singh, Vinay Katiyar in the case of the Babri Masjid.
The Supreme Court, giving its verdict on Wednesday, said that the trial of the case should be completed soon and the hearing would be held daily. However, due to being the governor of Rajasthan, Kalyan Singh will not be able to face the case.
In the Supreme Court, the bench of Justice PK Ghosh and RF Nariman said in the judgment that the trial run in Rae Bareli should be linked with the ongoing trial in Lucknow sessions court.
On April 6, the Supreme Court had reserved the decision after hearing the arguments of all the parties. In this case, the CBI appealed in the Supreme Court in 2010 against the Allahabad High Court's decision. The High Court acquitted the leaders in this case from the conspiracy.
In the hearing in April, the apex court had said that in such a case, we will have to intervene for justice. Given the technical reasons, the charges of criminal conspiracy against 13 leaders, including Advani, were dropped, the Supreme Court had said that we can use Article 142 of the Constitution (Extraordinary Authority of the Supreme Court) for this. At the same time, the top court also asked that if there are only conspiracies in this matter, why do two different trials for this?
It is known that 13 leaders including Advani are facing a case of inciting the crowd in the Rae Bareli court while Kar Sevaks are facing the case of the conspiracy and demolition of the Babri Masjid in a special court in Lucknow. The CBI had argued that a criminal conspiracy should be initiated against these 13 leaders.
Senior advocate KK Venugopal, who was present on behalf of Advani and Joshi, opposed the idea of joint trial. They said that this can not be done under CRPC. In this case, the Supreme Court can not use Article 142 as it is a matter related to the life of the accused and the fundamental right to personal freedom.
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