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Babri Masjid demolition case: Supreme Court says complete trial, give verdict in 9 months

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Babri Masjid demolition case: Supreme Court says complete trial, give verdict in 9 months

The Supreme Court today (Friday, July 19) gave the Special CBI Judge Sirendra Kumar Yadav nine months to deliver a judgment in the 1992 Babri Masjid demolition case in which BJP leaders like LK Advani, Murli Manohar Joshi and Uma Bharti are accused. 

The apex court bench led by Justice Rohinton Nariman also extended the judge’s tenure till March 2020 since he was due to retire in September this year.

The court also directed that recording of evidence in the case should be completed within six months.

Special Judge Yadav had moved the court in May this year seeking an additional six more months to complete hearing the case. Yadav, in a letter to the court, had said he was set to retire on September 30.

The Special Judge has been hearing the case on a day-to-day basis, as ordered by the SC in April 2017.

On April 19, 2017, the top court bench of Justices PC Ghose and RF Nariman had ordered day-to-day trial to be concluded in two years in the politically sensitive 1992 Babri Masjid demolition case, allowing an appeal filed by the CBI against the discharge given by the Allahabad High Court to Advani, Joshi, Uma Bharati and 13 other BJP leaders and restoring the conspiracy charges against them.

However, the top court had said Kalyan Singh, who is currently the Governor of Rajasthan and during whose tenure as Chief Minister of Uttar Pradesh the disputed structure was razed, is entitled to immunity under Constitution as long as he remained in gubernatorial position.

Besides the three leaders, the accused, against whom the conspiracy charge was invoked, were Vinay Katiar, Sadhvi Ritambara, Vishnu Hari Dalmia, who were being tried at Rae Bareilly.

Invoking its extraordinary constitutional powers under Article 142 of the Constitution, the bench also transferred the pending separate trial in a Rae Bareilly Magistrate court and clubbed it with criminal proceedings in the Lucknow CBI Court. It had evoked the maxim — “Let justice be done though the heavens fall” — to flex its extraordinary constitutional powers under Article 142 of the Constitution to bring the cases to justice.

In 2017, the top court extolled its “power, nay, the duty to do complete justice in a case when found necessary”.

It said in a 40-page judgment: “In the present case, crimes which shake the secular fabric of the Constitution of India have allegedly been committed almost 25 years ago.”

The court had come down heavily on the CBI for the delay of 25 years in the trial and said, “The accused persons have not been brought to book largely because of the conduct of the CBI in not pursuing the prosecution of the aforesaid alleged offenders in a joint trial, and because of technical defects which were easily curable, but which were not cured by the State Government.”

Issuing a slew of directions, it had said that “the proceedings (against Advani and five others) in the court of the Special Judicial Magistrate at Rae Bareilly will stand transferred to the Court of Additional Sessions Judge (Ayodhya Matters) at Lucknow.”

The court ordered the Lucknow CBI court judge to hold day to day trial and pronounce the judgment in two years. It forbade the transfer of the judge and also adjournments. Any grievances, the Bench said, should directly be addressed to the Supreme Court. Its directions had to be complied with in letter and in spirit, it cautioned.

The Rae Bareilly case accuses the BJP and Sangh Parivar leaders of having given speeches to promote enmity and threatened national integration.

The Lucknow case, investigated by the CBI, is against “lakhs of unknown karsevaks” and deals with the actual act of demolition and violence. With the clubbing of the cases and revival of the conspiracy charge, the accused political leaders would be tried under the composite charge sheet filed by the CBI on October 5, 1993.

Also Read: Karnataka: Governor’s deadline for trust vote was for CM, no voting till debate over – Speaker

The Bench agreed with the CBI charge sheet’s finding in 1993 that both the criminal conspiracy by the political leaders and the actual demolition by karsevaks were part of the “same transaction” and warranted a joint trial.

Besides Advani, Joshi and Bharti, the court had ordered the Lucknow Court to frame the conspiracy charge against Vinay Katiyar, SadhviRitambara, Vishnu Hari Dalmia, Champat Rai Bansal, Satish Pradhan, Dharam Das, Mahant Nritya Gopal Das, Mahamadleshwar Jagdish Muni, Ram Bilas Vadanti, Vaikunth Lal Sharma and Satish Chandra Nagar. All were named as accused in the 1993 CBI charge sheet.

If convicted, the accused would face punishment of three to five years. This would mean that they would be barred from contesting elections for the six years following the completion of their sentence.

Also Read: Babri Masjid demolition case: Spl judge moves SC seeking more time to complete trial

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Delhi Police offers 11-person limit for CJP’s Connaught Place protest

Delhi Police has offered to facilitate a group of 11 people at Central Park in Connaught Place for the Cockroach Janata Party’s October 16 protest, while warning that violations of prohibitory orders could invite legal action.

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CJP protest to continue

Delhi Police has proposed allowing a group of 11 people to carry the national flag and sing the national anthem at Central Park in Connaught Place on October 16, ahead of a protest called by the Cockroach Janata Party (CJP) over alleged electoral fraud.

The police said it could facilitate the group at a suitable place in the park, while appealing to the public not to join the proposed gathering in large numbers. The offer comes amid prohibitory orders in Connaught Place and adjoining areas under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

CJP founder Abhijeet Dipke has called on people to assemble at Central Park at 5 pm on Friday with the national flag. The proposed demonstration, named “Lehra Do Tiranga”, follows the detention of CJP members Saurav Das and Ashutosh Ranka during an earlier protest.

Why Delhi Police proposed limiting the gathering

In its statement, Delhi Police cited the prevailing security and law-and-order situation in the area. It also referred to information from the New Delhi Municipal Council (NDMC) that Central Park would remain closed on October 16 and 17 for administrative reasons.

Deputy Commissioner of Police Neha Yadav said the NDMC had informed the police about the closure and had asked that no gathering be allowed near the park.

The police also cited representations from trader and market associations in Connaught Place and surrounding areas. According to the police, the associations had raised concerns about unlawful assemblies and their impact on businesses, particularly during the festive season.

Police warned that violations of Section 163 BNSS would invite appropriate legal action. It also stressed that the national flag must be displayed and carried, and the national anthem sung, in the prescribed manner with due respect and dignity.

Delhi High Court declines to stop CJP protest

The proposed gathering reached the Delhi High Court after a vendor sought intervention over concerns about disruption to businesses and public movement in Connaught Place.

On Thursday, the court declined to restrain the CJP from holding the protest. It recorded the police’s assurance that all possible measures under the law would be taken to regulate the gathering and maintain peace.

The petition was filed by a vendor at Palika Bazar in Connaught Place, who raised concerns about the potential impact of the demonstration on traders and others working in the area.

Additional Solicitor General Chetan Sharma, appearing for the authorities, told the court that steps had already been taken to regulate the proposed protest.

CJP’s protest call follows detention of party members

Dipke’s October 16 protest call follows earlier demonstrations over alleged electoral fraud. CJP members Saurav Das and Ashutosh Ranka are in jail on trespass charges after raising the national flag at Jantar Mantar earlier this week, according to the report.

The party has been protesting over alleged electoral fraud and has raised questions about the Election Commission.

Dipke has urged people to gather at Central Park with the national flag, arguing that raising the Tricolour should not be treated as a crime.

The police’s proposal to facilitate a group of 11 people came as the authorities sought to prevent a larger gathering at the site. The CJP’s response to the police’s offer was still awaited in the report published on October 15.

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Actor Imran Khan asked to leave India after CJP protest

Actor Imran Khan has been asked to leave India by October 28, days after participating in a protest called by the Cockroach Janta Party (CJP) in Mumbai.

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Actor Imran Khan, nephew of Bollywood star Aamir Khan, has been asked to leave India by the Mumbai Police, days after participating in a protest organised by the Cockroach Janta Party (CJP) in Mumbai.

According to the notice, the actor has been given until October 28 to leave the country. The development follows his participation in the demonstration, which brought the actor into the spotlight over his involvement in a political protest.

Imran Khan is believed to hold US citizenship and an Overseas Citizen of India (OCI) card rather than full Indian citizenship, according to the report.

What led to the notice against Imran Khan?

The notice came days after Imran Khan joined a protest called by the CJP in Mumbai. The group, described as a satirical political organisation, had called for the demonstration.

The actor’s participation was followed by action from the authorities, with the Mumbai Police directing him to leave India by the specified deadline.

The notice does not, by itself, mean that the actor has already left the country or has been deported. October 28 is the deadline mentioned for his departure.

Imran Khan and his citizenship status

Imran Khan is known for his work in Hindi films, including Jaane Tu… Ya Jaane Na and Delhi Belly. He is also the nephew of actor Aamir Khan.

The report states that Imran Khan is believed to be a US citizen and hold an OCI card. OCI status does not confer Indian citizenship, although it provides eligible foreign citizens of Indian origin with specified privileges under Indian law.

The notice directing the actor to leave India follows his participation in the Mumbai protest. The reported development has brought attention to the intersection of immigration rules and the participation of foreign nationals in political demonstrations.

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Election Commission orders voter roll revision in 17 states, UTs

The Election Commission has ordered a Special Summary Revision of electoral rolls in 17 states and Union Territories. Draft rolls are scheduled for November 12, with final rolls due on January 4, 2027.

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The Election Commission of India (ECI) has ordered a Special Summary Revision (SSR) of electoral rolls in 17 states and Union Territories, with the exercise aimed at facilitating voter registration and including eligible electors who may have been left out during the Special Intensive Revision (SIR).

The order was issued on Thursday, October 15, amid continuing political controversy over the SIR process and concerns raised by opposition parties regarding the exclusion of names from electoral rolls.

Under the announced schedule, January 1, 2027, will be the qualifying date for the revision. The draft electoral rolls are scheduled to be published on November 12, while the final rolls are due on January 4, 2027. Uttar Pradesh and Punjab, two states included in the exercise, are scheduled to go to the polls by February 2027.

Which states and Union Territories are covered?

The Special Summary Revision will cover the following 17 states and Union Territories:

  • Andaman and Nicobar Islands
  • Assam
  • Bihar
  • Chhattisgarh
  • Goa
  • Gujarat
  • Kerala
  • Lakshadweep
  • Madhya Pradesh
  • Manipur
  • Puducherry
  • Punjab
  • Rajasthan
  • Tamil Nadu
  • Uttar Pradesh
  • Uttarakhand
  • West Bengal

The Election Commission’s order follows earlier instructions issued to state election officials on September 29 to undertake a special drive to enrol eligible voters who had been left out, along with young and first-time electors.

Why has the Election Commission ordered the revision?

The announcement comes amid protests and political disagreements over the Special Intensive Revision of electoral rolls. Opposition parties have raised concerns about names being excluded during the exercise.

Another point of contention has been an additional declaration required from applicants submitting Form 6 for voter enrolment while the SIR was underway. The declaration required applicants to map their parents to the last SIR, which was conducted around 20 years ago.

The Election Commission had clarified on October 7 that the additional declaration applied only in states and Union Territories where the SIR was being conducted. It said the regular forms prescribed under the Registration of Electors Rules, 1960, would apply outside the SIR period.

The latest SSR order refers to applications for inclusion through Form 6 but does not mention the additional declaration.

What happens in states not covered by the current schedule?

The Election Commission has said that the schedule for the Special Summary Revision will be announced later in states and Union Territories where the SIR is ongoing or has recently been completed.

These include Andhra Pradesh, Arunachal Pradesh, Chandigarh, Dadra and Nagar Haveli, Daman and Diu, Haryana, Jharkhand, Karnataka, Maharashtra, Meghalaya, Mizoram, Nagaland, the National Capital Territory of Delhi, Odisha, Sikkim, Tripura and Telangana.

For Himachal Pradesh, Jammu and Kashmir, and Ladakh, where the SIR has not yet started, the schedule for electoral roll revision will be announced in due course, taking local weather conditions into account.

The Election Commission’s latest order sets out a separate timeline for the 17 states and Union Territories covered by the current SSR exercise, while leaving the schedules for the other regions to be announced later.

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