Babri demolition case: CBI moves SC against Advani, others

New Delhi, Feb 18 (PTI) The Indian premier
investigative agency, CBI has moved the Supreme Court
challenging an Allahabad High Court order that dropped
charges of criminal conspiracy against top BJP leaders L K
Advani, Murli Manohar Joshi and others in the Babri Masjid
demolition case.
The Central Bureau of Investigation (CBI) submitted
that the trial court and the High Court had erroneously
dropped conspiracy charges and proceeded against them for
instigating the crowd and not indulging in actual demolition.
"It is submitted that bifurcation which has been
attempted by the trial court which has found favour with the
High Court is completely erroneous in law. The offence of
instigation, facilitation, actual demolition of the disputed
structure, continuous assault on media persons, all form a
single transaction," the CBI said in its petition.
The High Court had on May 20 last year dismissed the
CBI plea seeking revival of criminal conspiracy charges
against top Bharatiya Janta Party (BJP) and Sangh Parivar
leaders which also included Ashok Singhal, Giriraj Kishore,
Vinay Katiyar, Vishnu Hari Dalmiya, Sadhvi Rithambara and
Mahant Avaidya Nath.
The other leaders were former Madhya Pradesh Chief
Minister Uma Bharti and former Uttar Pradesh Chief Minister
Kalyan Singh, besides Shiv Sena chief Balasaheb Thackeray.
Challenging the High Court order, the CBI said, "It
appears that an artificial distinction was made by the trial
court attempting to assign a role in respect of each of the
accused persons and to see which offences were made out. The
trial court erroneously came to the conclusion that 21 persons
were not entitled to be tried in the case (pertaining to
demolition).
"The order passed by the High Court results in serious
miscarriage of justice, violates the principle of consolidated
investigation, consolidated chargesheet and also disables an
effective trial," the petition said further.
"It is submitted that this distinction has been made
on the ground that in respect of persons against whom only
offences of instigation and other allied offences are made
out. However, in respect of persons who were indulged in
actual demolition, they should be tried in a separate case,"
the CBI said in its petition," the petition said.
"The High Court found that the accusations in respect
of the demolition of the disputed structure as well as the
participation of the instigative activities at the Ram Katha
Kunj were different. The said conclusion is plainly erroneous
and is untenable," the petition said.(MORE) PTI