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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]

India News

PM Modi accuses Congress of anti-Sikh bias over Rahul Gandhi’s ‘traitor’ remark

Prime Minister Narendra Modi accused Rahul Gandhi of targeting BJP MP Ravneet Singh Bittu with a ‘gaddar’ remark because of his Sikh identity while speaking in the Rajya Sabha.

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PM Modi

Prime Minister Narendra Modi on Wednesday launched a sharp attack on Leader of the Opposition Rahul Gandhi, alleging that his “traitor” remark against BJP MP Ravneet Singh Bittu reflected the Congress party’s animosity towards the Sikh community.

The Prime Minister made the remarks in the Rajya Sabha while replying to the motion of thanks on the President’s address. Referring to an incident in the Parliament complex a day earlier, Modi said Gandhi’s comment had crossed all limits of political decency.

The controversy stems from a protest by suspended Opposition MPs, during which Ravneet Singh Bittu — a former Congress leader who joined the BJP ahead of the 2024 Lok Sabha elections — allegedly made a remark suggesting the protesters were behaving as if they had won a war.

In response, Rahul Gandhi was heard saying, “A traitor is walking by, look at his face,” before approaching Bittu and extending his hand. Gandhi then reportedly added, “Hello, brother. My traitor friend. Don’t worry, you will come back.”

Bittu refused to shake hands with the Congress leader and instead described him as an “enemy of the country” before walking away from the scene.

While the Congress later clarified that Gandhi’s remark was aimed at Bittu for leaving the party, the BJP seized upon the comment, calling it an insult to the Sikh community. Protests were subsequently held by members of the Sikh community outside the Congress headquarters and at other locations.

Addressing the House, Prime Minister Modi said that many leaders had quit the Congress in the past and that the party itself had split multiple times, but none of those leaders had been labelled a traitor. “He called this MP a traitor because he is Sikh,” the Prime Minister alleged, as treasury bench members raised slogans condemning the remark.

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Manipur Assembly to meet at 4 pm today, floor test likely under new chief minister

The Manipur Legislative Assembly will convene at 4 pm today, with a floor test likely as the new chief minister seeks to prove his majority in the House.

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Manipur assembly

The Manipur Legislative Assembly will convene at 4 pm on Thursday in Imphal, a day after Yumnam Khemchand Singh was sworn in as the chief minister. A floor test is likely to be held on the first day of the session to establish the majority of the newly formed government.

In the 60-member Assembly, the BJP holds 37 seats, while its ally National People’s Party has six members, giving the ruling combine a clear majority in the House.

Singh chaired the first Cabinet meeting of his government late Wednesday evening, shortly after taking oath as the 13th chief minister of Manipur. The meeting marked the formal start of administrative functioning under the new Council of Ministers.

His appointment came nearly a year after the resignation of former chief minister N Biren Singh, who stepped down following months of ethnic violence between the Meitei and Kuki communities in the state.

After taking oath, Singh thanked Prime Minister Narendra Modi and said he would work with “utmost diligence to advance development and prosperity in Manipur,” aligning the state’s efforts with the vision of Viksit Bharat.

He said the government’s focus would be on inclusive economic growth while preserving Manipur’s cultural heritage, adding that he would discharge his responsibilities with sincerity and dedication, mindful of the trust placed in him.

The summoning of the 12th Manipur Legislative Assembly by Governor Ajay Kumar Bhalla, along with the first Cabinet meeting, signals the resumption of legislative and administrative processes in the state, officially bringing President’s rule to an end.

The sixth session of the 12th Manipur Legislative Assembly was last held from July 31 to August 12, 2024.

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India News

PM Modi skips Lok Sabha reply as protests force repeated adjournments

PM Modi did not deliver his Lok Sabha reply today after sustained Opposition protests led to repeated adjournments over a dispute involving Rahul Gandhi’s proposed speech.

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PM Modi

Prime Minister Narendra Modi did not deliver his scheduled reply to the Motion of Thanks on the President’s address in the Lok Sabha today after sustained Opposition protests led to multiple adjournments of the House.

The disruption followed an escalation of tensions linked to Congress leader Rahul Gandhi’s proposed speech and the suspension of eight Opposition MPs a day earlier. The situation worsened after remarks made by BJP MP Nishikant Dubey during the proceedings.

Dispute over references to books sparks fresh ruckus

The controversy intensified when Nishikant Dubey responded to Rahul Gandhi’s demand to speak on national security and references to the unpublished memoirs of former Army chief General MM Naravane. Dubey said that while Gandhi wanted to quote from an unpublished book, he himself had brought several books that, according to him, made claims about the Gandhi family.

As Dubey began listing these books and their contents, strong protests erupted from Opposition members. Krishna Prasad Tenneti, who was presiding over the House at the time, cited Rule 349, which restricts members from reading out books, newspapers, or letters unless directly related to parliamentary business. Despite repeated warnings, the matter remained unresolved, leading to another adjournment.

Rahul Gandhi accuses government of silencing debate

Earlier in the day, Rahul Gandhi alleged that he was being prevented from speaking on an issue of national importance. He claimed the government was uncomfortable with references to General Naravane’s memoirs, which he said discussed the handling of the 2020 China border crisis.

In a social media post, Gandhi said he intended to present the Prime Minister with a book authored by the former Army chief, adding that some cabinet ministers had even questioned the existence of the book. He also wrote to Lok Sabha Speaker Om Birla after the suspension of eight Opposition MPs, alleging that parliamentary debate was being curtailed.

After it became clear that the Prime Minister would not speak in the House today, Gandhi posted that PM Modi had avoided Parliament because he was “scared” to face the truth. Congress MP Priyanka Gandhi Vadra echoed the allegation, claiming the Prime Minister was unwilling to enter the House.

Proceedings disrupted throughout the day

Lok Sabha proceedings were first adjourned until 2 pm amid loud protests over the issue linked to Naravane’s memoirs. Even after the House reconvened, disruptions continued, preventing normal business from resuming.

Later, Congress MPs staged a demonstration outside the Parliament complex, demanding that Rahul Gandhi be allowed to speak on the President’s address.

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