The rejection of the CBI plea for revival of the criminal conspiracy charge against Bharatiya Janata Party stalwart L.K. Advani and other senior party leaders by the Allahabad high court should not be a surprise to the agency as it was on a “weak turf” to seek such a remedy form the HC after the Supreme Court had settled the issue in 2007.

A bench headed by recently retired Chief Justice of India K.G. Balakrishnan in a judgment of March 22, 2007 on a PIL seeking revival of the charge, had clarified that Section 120-B of the IPC, which deals with criminal conspiracy, in fact, was never invoked in either of the two FIRs registered by the Uttar Pradesh police after the Barbri Masjid demolition.
The judgment was given by Justice Balakrishnan’s bench before his appointment as the CJI. The top court had rejected “fierce arguments” by Union government counsel Gopal Subramaniam, supporting the PIL.
The PIL by Mohammed Aslam Bhure had alleged that the charge of criminal conspiracy was “dropped” by the CBI during the NDA regime when Mr Advani was the home minister but the Supreme Court rejected his allegation and clarified that Section 120-B was never invoked in either of the FIRs, registered by the UP police in connection with the Babri Masjid demolition.
The top court had explained that two FIRs — No. 197 and No. 198 — were registered by the UP police.
While the first FIR was lodged on December 6, 1992, immediately after the demolition against 47 persons, mostly Kar Sevaks, the second was registered later against eight leaders, including Mr Advani and Mr Murli Manohar Joshi.
The first FIR (No. 197) had included the charges under Sections 395, 397, 332, 337, 238, 295, 297 and 153A of the IPC, which respectively deal with the offences of dacoity, robbery, hurting public servants, outraging religious feelings, trespassing into burial place and promoting enmity among religious groups.
The second FIR (No. 198) contained the charges under Sections 152A, 153B, 505, 147 and 149 of the IPC. These sections respectively deal with the offences of promoting enmity among people of different religion, casting imputation on national integration, making statements aimed at creating mischief, rioting and unlawful assembly.
Both the cases were handed over to the CBI on December 13, 1992 and August 26, 1993, the top court had said. Mr Bhure had filed the PIL after the trial against Mr Advani, Mr Joshi, former UP CM Kalyan Singh, Uma Bharti, Vinay Katiyar, VHP leaders Ashok Singhal and V.H. Dalmia and Sadhvi Rithambra in the special court at Rae Barelli, had landed in a major controversy with the then Congress-led opposition alleging that Mr Advani as home minister had “managed” to drop Section 120-B from the chargesheet.
In view of the allegations in the PIL, the Supreme Court had summoned the relevant records of the two cases, particularly those related to the FIRs and chargesheets and after examining them thoroughly found that the charge under Section 120-B was never invoked in any of the FIRs by the state police, which formed the basis for the CBI to proceed further with the investigation.