New Delhi, March 4
The CBI today pleaded in the Supreme Court for the revival of conspiracy charges against BJP leaders LK Advani and Murli Manohar Joshi, Shiv Sena chief Bal Thackeray and others in the 1992 Babri Masjid demolition case.

A Bench comprising Justices VS Sirpurkar and TS Thakur issued notices to them after Solicitor General Gopal Subramanium, arguing for the CBI, questioned the legality of the Allahabad High Court order, upholding the quashing of the conspiracy charges against them by the trial court. The Bench has asked them to file their replies within four weeks.

Among others against whom the CBI wants to revive the conspiracy charges are former Madhya Pradesh Chief Minister Uma Bharti and former Uttar Pradesh Chief Minister Kalyan Singh and Sangh Parivar leaders Ashok Singhal, Giriraj Kishore, Vinay Katiyar, Vishnu Hari Dalmiya, Sadhvi Rithambara and Mahant Avaidya Nath.

The CBI has moved the apex court challenging the High Court’s May 20, 2010, order, dismissing the CBI plea for revival of criminal conspiracy charges against top BJP and Sangh Parivar leaders.

Challenging the High Court order, the CBI has said in its petition that “it appears 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 the demolition on December 6, 1992).

“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 has said.

The May 2010 order of the High Court had said there was no merit in the CBI’s revision petition challenging the May 4, 2001, order of the special court which directed dropping of criminal conspiracy charges against them.

There are two sets of cases — one against Advani and others who were on the dais at Ram Katha Kunj in Ayodhya in December 1992 when the Babri Masjid was demolished and the other against lakhs of unknown kar sevaks who were in and around the disputed structure.

Upholding the 2001 order of the special CBI court, the High Court had said, “Nothing is found against the correctness, legality, propriety or regularity in respect of any of the findings of the lower court.”

The CBI had chargesheeted Advani and 20 others under Sections 153A (promoting enmity between classes), 153B (imputations, assertions prejudicial to national integration) and 505 of the IPC (false statements, rumours etc circulated with the intent to cause mutiny or disturb public peace).

The judge had also said that the CBI at no point of time, either during the trial at Rai Bareli or in its revision petition, ever stated that there was offence of criminal conspiracy against the leaders, as was being submitted now. (With PTI inputs)