CBI is planning to approach Supreme Court (SC) for clearance to add names of 10 top BJP and Sangh Parivar leaders in the Babri Masjid demolition case under trial before a special court in Lucknow.
Sources said currently L.K. Advani, M.M. Joshi, Uma Bharti, Vinay Katiyar and others were facing
trial for lesser charges in a special court at Raebareli where the case was transferred from Lucknow due to certain legal technicalities.
The first FIR No. 197 of 1992 against 47 persons contains offences under sections 395, 397, 332, 337, 238, 295, 297 and 153A of IPC, which deal with dacoity, robbery, hurting public servants, outraging religious feelings, trespassing into a burial place and promoting enmity among religious groups.
Top BJP and Sangh Parivar leaders whose names figure in the second FIR No. 198 before the Raebareli court face charges under sections 152A, 153B, 505, 147 and 149.
These sections deal with promoting enmity among people of different religion, casting imputation on national integration, making statements aimed at creating mischief, rioting and unlawful assembly.
“Since both FIRs do not contain serious charges such as criminal conspiracy, CBI wants to add names of top BJP and Sangh Parivar leaders in the Lucknow case,” the sources said.
They said if CBI succeeds in getting a Supreme Court nod, it would have to file a supplementary charge sheet in the Lucknow court, which apparently would include the charge of criminal conspiracy under IPC section 120B.