New Delhi, February 7
The Supreme Court on Thursday questioned the CBI over the delay in challenging the quashing of conspiracy charges against BJP leaders, including LK Advani and MM Joshi, in the Babri Masjid demolition case despite calling it a “national crime”.

A Bench of Justices HL Dattu and Ranjan Gogoi asked senior counsel PP Rao, who appeared for the CBI, as to why the agency took about a year to approach the apex court, challenging the May 21, 2010 order of the Allahabad High Court upholding the dropping of conspiracy charges by the special court in Rae Bareilly.

During the arguments, Rao said the BJP and VHP leaders chargesheeted in the case were involved in a “national crime” as part of a “national conspiracy” which was evident from the Rath Yatra undertaken by Advani.

Taking exception to the remarks, the Bench said: “Please don’t say it is a national crime or a matter of national importance. Until we or the trial court decide this way or the other, you can’t make such statements,” the Bench told the CBI counsel.

Rao said CBI took time to file the appeal in the SC on February 18, 2011 as it had to translate voluminous documents from Hindi to English. At this, the Bench said if the agency felt it was an important case it should have expedited the translation.

The CBI sought permission to file an affidavit explaining the delay and its position, but the Bench said there was no need for that. The SC posted the next hearing for February 13 as Rao sought time.

The HC had upheld the May 4, 2001 decision of the Special Judge, holding trial at Rae Bareilly, to drop the conspiracy charges against Advani and 20 others, including Vinay Katiyar (BJP), Kalyan Singh, Uma Bharati and Mahant Avaidyanath (all former BJP leaders) and Vishwa Hindu Parishad (VHP) leaders Ashok Singhal, Giriraj Kishore, Vishnu Hari Dalmiya, Ram Vilas Vedanti and Paramhans Rmachandra Das.

The Rae Bareilly court is, however, proceeding with the trial against them on the charges of promoting enmity between classes (Section 153A IPC), circulating rumours to disturb public peace (Section 505) and making statements prejudicial to national integration (153B).