Twenty years after the demolition of the Babri Masjid, the Supreme Court will on Thursday hear the CBI’s plea that top BJP and Sangh Parivar leaders like L.K. Advani, Murli Manohar Joshi and Uma Bharti be charged with “criminal conspiracy” for their alleged role in bringing down the structure on December 6, 1992.
Sources said if the agency gets the Supreme Court’s consent, it will have to file a supplementary chargesheet in the Lucknow court to include the charge of criminal conspiracy under Section 120B Indian Penal Code.
As none of the two cases pending before special courts in Lucknow and Rae Bareli include the criminal conspiracy charge, the CBI, in an affidavit, sought to included the names of BJP and Sangh leaders in the Lucknow case, in which only the names of 47 “kar sevaks” figure. Sources said the agency wants to “overcome this deficiency” in the Section 120B chargesheet by adding top leaders’ names.
The names of Mr Advani, Mr Joshi, Ms Bharti, Vinay Katiyar and other BJP/Sangh leaders did not figure in the Lucknow case chargesheet as they are facing trial in the Rai Bareli court. Top BJP and Sangh leaders whose names figure in the second FIR (No. 198 of 1992) in the Rae Bareli court face charges under Sections 152A, 153B, 505, 147 and 149 IPC, that relate to promoting enmity among people of different religions, casting imputation on national integration, making statements aimed at creating mischief, rioting and unlawful assembly.
Two cases were registered over the Babri demolition. The first case was under FIR No. 197 of 1992 against 47 persons, mostly “kar sevaks”, mostly relate to offences like dacoity, robbery, hurting public servants, outraging religious feelings, trespassing into burial place and promoting enmity among religious groups.
The criminal conspiracy charges became a huge issue in the NDA period with the Congress accusing Mr Advani, then Union home minister, of getting the conspiracy charge diluted in the chargesheet.