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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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Man attempting to cross India-Pakistan border in Rajasthan shot dead by BSF personnel

“We are investigating the case under these acts,” he added.

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Border Security Force (BSF) personnel shot and killed an individual attempting to cross the India-Pakistan border in the Ganganagar district of Rajasthan late on Tuesday, according to police.

Jitendra Kumar, the station house officer at Kesrisinghpur police station, stated that the man was trying to breach the barbed wire fence when he was spotted by BSF personnel. “They advised him to leave the area, but when he continued to advance, the BSF personnel shot him,” said the SHO.

Sriganganagar Superintendent of Police Gaurav Yadav confirmed that the suspect was allegedly trying to enter Indian territory around midnight on December 24, 2024. Despite warnings from the BSF soldiers, he did not heed their calls, which resulted in the shooting.

The incident occurred near a village in the Kesarisinghpur area. Items recovered from the intruder included Pakistani currency notes, a cigarette packet, an identity card, and other belongings. Authorities are currently gathering more information about him.

Ongoing discussions are taking place between the armed forces and police officers regarding the incident. An FIR has been filed that includes charges of trespassing and violations of the Passports Act and the Foreigners Act, according to Kumar. “We are investigating the case under these acts,” he added.

This incident is one of several similar occurrences along the border. In August, the BSF apprehended an intruder named Jagsi Kohli, who had entered about 15 kilometers into Indian territory in Barmer after locals alerted authorities that he was asking for directions to Tharparkar, a district in Pakistan’s Sindh province.

In March of this year, another person attempting to cross the border in Ganganagar was shot by BSF personnel. There have been additional incidents reported in October 2022 and twice in March 2021, all resulting in fatalities among the intruders.

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Amit Shah, JP Nadda, Chandrababu Naidu among leaders at NDA meet in Delhi amid Ambedkar row

The alliance had decided to convene on the birthday of the late BJP leader, noted for successfully leading the first coalition government to complete its term.

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Union Home Minister Amit Shah, BJP chief J.P. Nadda and Telugu Desam Party (TDP) president and Andhra Pradesh Chief Minister Chandrababu Naidu among leaders of the NDA met in New Delhi on Wednesday to discuss different issues including Shah’s comment on BR Ambedkar days ago in Rajya Sabha.

In attendance, apart from Shah, Nadda and Naidu, JD-U leader and Union minister Rajiv Ranjan Singh, Apna Dal (S) president and Union minister Anupriya Patel, as well as JD (S) leader and Union minister H.D. Kumaraswamy were present.

Also present were Jitan Ram Manjhi, leader of Bihar’s Hindustani Awam Morcha (S) and a minister in the Modi government, Rashtriya Lok Morcha (RLM) president Upendra Kushwaha, a Rajya Sabha MP, and Thushar Vellappally, president of Bharath Dharma Jana Sena.

While the specific agenda of the meeting was not officially disclosed, sources indicated that discussions revolved around good governance and various political issues—principles that were central to Vajpayee’s tenure as Prime Minister. The alliance had decided to convene on the birthday of the late BJP leader, noted for successfully leading the first coalition government to complete its term.

Following the meeting, Nadda shared on X, “Attended the NDA leaders’ meeting in New Delhi today. Under the visionary leadership of PM Narendra Modi, India is achieving unprecedented milestones and has positioned itself as a global superpower. The NDA government remains committed to realizing the vision of ‘Viksit Bharat@2047’, ensuring a brighter and more prosperous future for all.”

Sanjay Nishad, chief of the NISHAD Party in Uttar Pradesh, described the meeting as “informal” and focused on Vajpayee’s legacy. He emphasised the importance of unity among all alliance members heading into future elections, mentioning that they congratulated the BJP leaders for their electoral victories in Haryana and Maharashtra.

Nishad further outlined that the meeting addressed coalition strategies to ensure that Prime Minister Modi’s initiatives effectively reach the populace and that electoral promises are fulfilled. He raised the topic of providing reservations for the fishing community, stating, “I presented evidence on this issue, as it was a poll promise. They will follow up with us next week to discuss it.”

Responding to inquiries about whether Amit Shah’s controversial remarks on Ambedkar were discussed, Nishad said, “We are here for the welfare of the people. Our energy should focus on achieving success in that area, rather than engaging with negativity from opposition parties.”

The NDA meeting underscores the alliance’s commitment to the proposed simultaneous elections, with all members backing the initiative. A Joint Committee of Parliament, established to review two bills related to simultaneous polls, is set to convene on January 8.

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Manipur CM Biren Singh says state needs immediate peace, understanding between two communities

He claimed that the administration is responding quickly to the displaced people’s needs in areas such as education and agriculture.

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Manipur Chief Minister N Biren Singh on Wednesday emphasised the urgent need for peace in the state, which has faced ethnic violence since May of last year, and called on two communities to reach a mutual understanding.

Speaking at the Good Governance Day event held at the state BJP headquarters, Singh expressed confidence that the BJP could restore stability to the northeastern state, highlighting the party’s commitment to coexisting harmoniously.

“What is happening in Manipur today has multiple causes. Those who seek to divide the state are now questioning the government’s actions… they are driven by a desire for power,” Singh remarked.

He mentioned several initiatives, such as ‘Meeyamgi Numit’ (People’s Day), designed to foster closer relationships between officials and the public. “We do not oppose any specific community. The BJP’s position is clear: we advocate for the idea of living together and have initiated efforts to strengthen ties between the police and the community,” he stated.

Singh added that the state government is diligently addressing the needs of internally displaced persons by establishing committees throughout the administrative framework. He claimed that the administration is responding quickly to the displaced people’s needs in areas such as education and agriculture.

“We have not made any mistakes. Our goal is to ensure the well-being of future generations. It is essential for both communities to remain calm. Rather than dwelling on the past, we should concentrate on the upcoming NRC process, capturing biometrics, and using 1961 as the foundation year for the Inner Line Permit,” Singh said.

He also highlighted the government’s commitment to acting within a democratic and constitutional framework, noting that achieving these goals will take time. “What we require now is immediate peace and a resolution of misunderstandings between the two communities,” he concluded.

The ongoing violence has resulted in the deaths of over 250 individuals and left thousands homeless due to clashes between the Meitei community and Kuki-Zo groups since last May.

“Only the BJP can save Manipur. BJP leaders possess strong values of nationalism and social justice, practicing reality-based politics in the nation’s interest. If I am not nominated for a ticket by the BJP, I will remain loyal to the party,” Mr. Singh added.

He also highlighted several unity-focused projects initiated by the BJP government, mentioning that a Unity Mall featuring stalls from all ethnic groups in the state will be constructed with an investment exceeding ₹140 crores.

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