Babri prosecution will not be safe in cbi hands unless sc monitors its work

Babri prosecution will not be safe in CBI hands unless SC monitors its work Poonam Parekh

Last month, the Supreme Court decided that senior BJP leaders like L.K. Advani, Murli Manohar Joshi, Uma Bharti and others must be tried for the charge of conspiring to demolish the Babri Masjid and ordered that their trial in Lucknow be held on a day-to-day basis. On May 30, Advani and the others were granted bail by the trial court on sureties of Rs 20,000.

CBI, phase I, face 1 The role of the CBI at different stages of the Ayodhya case has been questionable. In the first trial in the court of additional sessions judge (Ayodhya episode), Lucknow, Jagdish Prasad Srivastva, the CBI went all out to put the facts in evidence for framing of charges against the accused persons including Advani, Joshi and others for delivering

speeches and conspiring to demolish the Babri Masjid. In para 36 of his order dated September 9, 1997, the judge, on the basis of evidence provided by the CBI, gave details of the role of Advani and Joshi, and how they started their rath yatra. “On December 1, 1992, Advani said in Kanpur that kar sewa does not mean bhajan and kirtan but it is meant for starting construction of Ram Mandir.” At para 9, the order said: "On December 5, 1992 a secret meeting was held at the residence of Vinay Katyar, which was attended by Advani and Pawan Kumar Pandey and a final decision to demolish disputed structure was taken. Their argument was that there was a ban on construction not on demolition.

Thus the accused leaders assembled near Ram Janam Bhoomi/ Babri Masjid on December 6, 1992, and Advani categorically said in his public speech, before the demolition of disputed structure that ‘today is the last day of kar sewa, kar sewaks would perform last kar sewa’. When he came to know that central forces were proceeding from Faizabad to Ayodhya, he asked the public to block the National Highway, so that the forces do not reach Ram Janam Bhoomi. Prosecution has also contended that when disputed structure was being pulled down,. Advani asked Kalyan Singh not to tender his resignation till the disputed structure is completely pulled down."

In para 59, the trial court stated: “It is concluded in the present case a criminal conspiracy to demolish the disputed structure of Ram Janam Bhoomi/ Babri Masjid was hatched by the accused persons in the beginning of 1990 and was completed on 6.12.1992. Shri Lal Krishan Advani and others hatched criminal conspiracies to demolish the disputed premises on different times at different places. Therefore, I find prima facie case to charge Shri Bala Saheb Thakre, Shri Lal Krishan Advani, Shri Kalyan Singh, Shri Vinay Katiyar…. (names of others), under Section 147/153A/153B/295/295A/505, Indian Penal Code read with Section 120-B of Indian Penal Code and they are charged under the aforesaid offences.”

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