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SC blow to Advani, Joshi, Bharti

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SC blow to Advani, Joshi, Bharti

[vc_row][vc_column][vc_column_text]Kalyan Singh will be tried, too, in the Babri demolition case, after he loses immunity as governor

By Sujit Bhar

The Supreme Court on Wednesday (April 19) struck a major legal and political blow to the entrenched old guard of the Bharatiya Janata Party (BJP), when it ordered that leaders such as Lal Krishna Advani (who has been informally proposed to be the next President by Prime Minster Narendra Modi), Murli Manohar Joshi and Uma Bharti be brought back in the dock as accused in the 1992 (December 6) Babri Masjid demolition case.

Not only that; the top court of the country also ordered that Kalyan Singh, who was chief minister of Uttar Pradesh when the mosque was brought down by ‘kar sevaks’ and who is now Governor of Rajasthan, will enjoy immunity from prosecution only as long as he holds that post. He will also join the rest of the accused in the dock when his term as governor ends. If he completes his full term, he will be up for prosecution in late 2019.L K Advani UNI

Technically, this time period is a little over the two-year time frame that the Supreme Court has decided upon, to finish the case in a time-bound manner, with day-to-day hearings. However, those are details that remain as variables and could change with time.

The order, issued by the bench of Justices Pinaki Chandra Ghose and Rohinton Fali Nariman, also states that the two cases, now being heard in a court in Rae Bareily and another court in Lucknow, will be clubbed together and be heard in Lucknow. While the Rae Bareily court was dealing with the involvement of the said leaders, the Lucknow court was hearing petitions against “unknown” kar sevaks.[/vc_column_text][/vc_column][/vc_row][vc_row css=”.vc_custom_1492593690307{background-color: #e0e0e0 !important;}”][vc_column][vc_column_text css=”.vc_custom_1492593743241{margin-top: 10px !important;margin-right: 10px !important;margin-bottom: 10px !important;margin-left: 10px !important;border-top-width: 10px !important;border-right-width: 10px !important;border-bottom-width: 10px !important;border-left-width: 10px !important;background-color: #e0e0e0 !important;}”]SECTION 120B OF THE INDIAN PENAL CODE

The application of the section depends on the reading by the courts. The punishment can finally be light, but the very act of including 120b in the chargesheet implies that even leaders of the category of Advani and others can be tried as common accused.

120B. Punishment of criminal conspiracy:

(1) Whoever is a party to a criminal conspiracy to commit an offence punishable with death, 2[imprisonment for life] or rigorous imprisonment for a term of two years or upwards, shall, where no express provision is made in this Code for the punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence.

(2) Whoever is a party to a criminal conspiracy other than a criminal conspiracy to commit an offence punishable as aforesaid shall be punished with imprisonment of either description for a term not exceeding six months, or with fine or with both.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]The enormity of the Supreme Court’s decision lies in the application, yet again, of the Indian Penal Code’s Section 120b on the leaders, which pertains to criminal conspiracy (See BOX). While a trial court had included their names in the chargesheet, the Allahabad High Court had later acquitted the leaders on technical grounds. This order of the Supreme Court, effectively nullifies that high court order.

This order of the apex court comes in reply to a CBI petition, asking for reinstatement of the leaders in the chargesheet, challenging the high court order.

Kalyan singhThe act of demolition of the 16th century mosque had resulted in widespread communal riots across the country, with hundreds killed. The CBI contends that these leaders, led by the now 89-year-old Advani, were responsible for fomenting trouble and bringing down the mosque, creating massive communal disharmony.

Here are the other parts of this historic order by the SC:

  1. No adjournment shall be given on any ground.
  2. Sessions court to complete trial within 2 years.
  3. No transfer of judge until the proceedings are completed.
  4. Day-to-day hearing.
  5. No de novo
  6. The Sessions judge can approach SC whenever it feels that the order is not complied in letter and spirit.

[/vc_column_text][/vc_column][/vc_row][vc_row css=”.vc_custom_1492593690307{background-color: #e0e0e0 !important;}”][vc_column][vc_column_text css=”.vc_custom_1492593889546{margin-top: 10px !important;margin-right: 10px !important;margin-bottom: 10px !important;margin-left: 10px !important;border-top-width: 10px !important;border-right-width: 10px !important;border-bottom-width: 10px !important;border-left-width: 10px !important;background-color: #e0e0e0 !important;}”]Will not quit: Bharti

Uma Bharti UNIThe 57-year-old Uma Bharti, Cabinet Minister for Water Resources, River Development and Ganga Rejuvenation, who has also been brought back to the accused list in the Babri demolition case by the Supreme Court, said on April 19 that come what may she won’t resign as minister. She said she was “ready to go to jail.”[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]Political fallout

Murli Manohar joshi UNITechnically, this will not affect the current generation of leaders of the BJP. If anything – as experts have elucidated earlier – the current dispensation will, technically, be free of the overarching presence of ideologues from the past.

The method of letting the old out to ‘vanavas’ probably resonates with the current dispensation’s thought process.  It is not sure, though, if this thought process would filter down to even newer generations within the party, with probably one day even Modi being let loose in front of Godhra riots hearings.

For the time being, though, it is a major loss of face for the BJP. It has to calibrate its response carefully to this judgement.

(Written with inputs from India Legal team)[/vc_column_text][/vc_column][/vc_row]

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MK Stalin predicts frequent PM Modi visits to Tamil Nadu before assembly election

MK Stalin has said Prime Minister Narendra Modi will visit Tamil Nadu more often ahead of the Assembly election, calling the tours politically motivated and questioning the Centre’s support to the state.

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MK Stalin

Tamil Nadu Chief Minister M. K. Stalin has predicted that Prime Minister Narendra Modi will increase his visits to the state as the Assembly election, expected in April or May, draws closer.

Speaking ahead of the polls, the DMK president said the Prime Minister has already begun touring Tamil Nadu and is likely to visit frequently in the coming months. He claimed that such visits could create discomfort within the BJP-led National Democratic Alliance (NDA), as alliance partners may fear the political impact of repeated appearances.

Stalin calls visit politically motivated

The Chief Minister described the Prime Minister’s scheduled programmes in the state as “politically motivated”. PM Modi is set to attend various events in Madurai in southern Tamil Nadu, including the inauguration of the first phase of the AIIMS hospital project. He is also expected to visit the Thiruparankundram Temple amid the Karthigai Deepam-related controversy and participate in a public meeting organised by the NDA.

Stalin said he has been working for all sections of the population, including those who did not vote for his party. In contrast, he remarked that some leaders are visible in the state only during election time and increase their visits as polls approach.

Criticism over Union Budget allocations

The DMK leader also criticised the BJP-led central government, accusing it of neglecting Tamil Nadu. He pointed out that while approval was recently granted for the Gujarat Metro project, there were no major announcements or allocations for Tamil Nadu in the Union Budget.

Stalin asserted that voters would remember the lack of significant measures for the state. He framed the upcoming election as a contest between Tamil Nadu and the NDA, stating that the state should be governed from Fort St George in Chennai rather than from Delhi.

The ruling DMK is currently allied with several smaller parties and, at present, the Congress, as it seeks a third consecutive term in office. Its principal rival, the AIADMK, is aligned with the BJP as part of the NDA.

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Shashi Tharoor questions Centre over Kerala name change to Keralam

Shashi Tharoor has criticised the Centre’s decision to approve renaming Kerala as Keralam, questioning its impact and pointing to the lack of major projects for the state.

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shashi tharoor

Congress MP Shashi Tharoor has criticised the central government over its decision to approve the renaming of Kerala as ‘Keralam’, arguing that the move prioritises symbolism over development.

Reacting to the Union Cabinet’s approval, Tharoor said that the state’s name has always been ‘Keralam’ in Malayalam and questioned the practical impact of introducing the Malayalam term into English usage.

“It has already been ‘Keralam’ in Malayalam. So now, a Malayalam word is coming into English. I don’t know what difference it makes,” he said, adding that the state has not received major projects such as an AIIMS or new institutions from the Centre. He also pointed out that no significant allocations were made for Kerala in the Union Budget.

In a separate post on X, Tharoor raised what he described as a “small linguistic question” about what residents of the state would be called if the name change is implemented. Referring to existing terms such as “Keralite” and “Keralan”, he remarked that alternatives like “Keralamite” sounded like a microbe and “Keralamian” like a rare earth mineral.

The Union Cabinet, chaired by Prime Minister Narendra Modi, cleared the proposal on Tuesday. The move comes ahead of the upcoming state Assembly elections, in which 140 members of the legislative assembly are to be elected. The poll schedule is yet to be announced by the Election Commission of India.

The state assembly had earlier passed a resolution seeking the change in official records. Chief Minister Pinarayi Vijayan had moved the resolution in 2024, urging the Union government to adopt the name ‘Keralam’ in all languages listed in the Eighth Schedule of the Constitution.

He had stated that the demand for a united Kerala for Malayalam-speaking people dates back to the national freedom movement.

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Tamil Nadu potboiler: Now, Sasikala to launch new party ahead of election

Sasikala has announced the launch of a new political party ahead of the Tamil Nadu Assembly elections, positioning herself against AIADMK chief Edappadi K Palaniswami.

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In a significant political development ahead of the Tamil Nadu Assembly elections, expelled AIADMK leader V. K. Sasikala has announced that she will float a new political party and contest the polls by fielding her own candidates.

Speaking in Madurai before heading to Pasumpon for a public event, Sasikala said she would unveil her party’s flag later in the evening. She indicated that more details regarding the party’s structure and plans would be shared at the gathering.

The event venue carries political symbolism. Pasumpon is the birthplace of Thevar leader Muthuramalinga Thevar, and Sasikala herself belongs to the influential Thevar community in southern Tamil Nadu. The programme was held as part of birth anniversary events of former Chief Minister J. Jayalalithaa.

Direct challenge to EPS

Sasikala’s move is being viewed as a direct political challenge to AIADMK general secretary Edappadi K. Palaniswami (EPS). After Jayalalithaa’s death in 2016, Sasikala briefly took control of the party and had appointed Palaniswami as Chief Minister. However, following her conviction in the disproportionate assets case, she served a four-year prison term, and during that period, she was expelled from the party.

Palaniswami later aligned with O. Panneerselvam, whom Sasikala had earlier removed from the Chief Minister’s post. The two leaders subsequently adopted a dual leadership arrangement within the party and government.

Sasikala remains disqualified from contesting elections until 2027 due to her conviction. Nevertheless, she has stated that she intends to field candidates under her new party banner.

Fragmented Thevar vote base

Over the years, expulsions within the AIADMK — including Sasikala, her nephew TTV Dhinakaran and O Panneerselvam — have led to divisions within the Thevar support base. Political observers have linked this fragmentation to the party’s weakened electoral performance in the elections following Jayalalithaa’s passing.

While Dhinakaran has returned to the NDA fold, reports suggest Palaniswami is opposed to any arrangement that includes Sasikala or Panneerselvam. OPS, meanwhile, has exited the NDA.

Sasikala has repeatedly criticised Palaniswami, describing him as a betrayer, while he maintains that his leadership stems from the support of AIADMK legislators rather than her backing.

The AIADMK has not issued an official statement on Sasikala’s announcement. However, a senior party leader questioned her political standing, pointing out her disqualification from contesting elections and referring to legal issues linked to Jayalalithaa’s death.

With the Assembly polls approaching, Sasikala’s re-entry into active politics could further complicate the opposition space in Tamil Nadu and influence electoral calculations, particularly in the southern districts.

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