The CBI on Friday moved the Supreme Court seeking inclusion of the charge of criminal conspiracy against BJP and Sangh Parivar leaders, including L.K. Advani and M.M. Joshi, in the Babri masjid demolition case even as the top court had clarified the position of the law on the vital issue in a verdict in March 2007.
The agency moved the apex court after its plea for inclusion of the charge under IPC Sec. 120-B, which deals with criminal conspiracy, was rejected earlier by the special judge in Rae Bareli and by the Lucknow bench of the Allahabad high court in an order on May 21, 2010.
The CBI counsel filed a special leave petition in the apex court registry challenging the HC order, contending that there was reasonable ground for inclusion of Sec. 120-B against the BJP and Sangh Parivar leaders. Besides Mr Advani and Dr Joshi, other leaders chargesheeted in the case before the Rae Bareli special judge included Uma Bharti, Vinay Katiyar, V.P. Singhal, Jagmohan Dalmiya and Sadhvi Rithambhra.
However, the apex court, in a judgment on March 22, 2007 on the issue, had clarified after examining the trial court records that neither of the two FIRs — No. 197 and No. 198 — registered by the UP police regarding the Babri masjid demolition contained the charge under Sec. 120-B of the IPC
The top court had said that the first FIR (No. 197), lodged on December 6, 1992, immediately after the demolition, against 47 persons, mostly “karsevaks”, included 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 a burial place and promoting enmity among religious groups. And the second FIR (No. 198) against the BJP leaders contained 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 religions, casting imputations on national integration, making statements aimed at creating mischief, rioting and unlawful assembly.
Both cases were handed over to the CBI on December 13, 1992 and August 26, 1993, the apex court had said. The top court had given its findings after perusing the records of the two cases, specially summoned after a PIL was filed before it for inclusion of the 120-B charge against Mr Advani and other BJP and Sangh Parivar leaders.
The apex court then had rejected the arguments of government law officer Gopal Subramaniam supporting the PIL for inclusion of the 120-B charge against them.