Babri demolition: SC restores criminal conspiracy charge against BJP leaders

April 19, 2017

New Delhi, Apr 20: The Supreme Court on Wednesday ordered that senior BJP leaders L K Advani, Murli Manohar Joshi and union minister Uma Bharti face criminal conspiracy charges for their role in the 1992 Babri Masjid demolition case.

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The apex court observed that the case shook the secular fabric of the Constitution 25 years ago. The top court also stated that the accused could not be tried because of “technical defects” and the conduct of the CBI and the Uttar Pradesh government.

A bench of Justices P C Ghose and R F Nariman ordered the separate trials being conducted in trial courts at Raebareli and Lucknow to be clubbed and conducted in the capital of Uttar Pradesh. It directed completion of the trial in two years.

There will be no fresh trial because of framing of conspiracy charges against the senior BJP leaders, the court said. However, the Lucknow court would face an onerous task because of about 800 witnesses in the case.

Abetment charge

Allowing the CBI's plea, the bench directed, “The court of sessions (Lucknow) will frame an additional charge under Section 120-B (of the IPC) against Advani, Vinay Katiar, Uma Bharti, Sadhvi Ritambara, Joshi and Vishnu Hari Dalmia.”

Former Uttar Pradesh chief minister Kalyan Singh could be spared for now for being the Rajasthan governor.

He enjoys immunity under Article 361 of the Constitution as long as he holds Governor's office. The sessions court will frame charges and move against him as soon as he ceases to be governor, the apex court said.

In a strong observation against the CBI, the bench said, “In the present case, crimes which shake the secular fabric of the Constitution of India have allegedly been committed almost 25 years ago.”

The accused have not been brought to book largely because of the conduct of the CBI in not pursuing the prosecution of the alleged offenders in a joint trial, and because of technical defects, which were easily curable, but not cured by the state government,” it said.

The bench rejected the plea of Advani and others that the court should not exercise its jurisdiction under Article 142 to order transfer of the pending matter before the Raebareli court to the Lucknow sessions court. “Almost 25 years have gone and yet we are solemnly reminded that Respondent Nos 4 and 5’s fundamental rights (of fair trial) should not be curtailed by any order passed under Article 142,” the bench said.

Daily trial

The Lucknow court was directed to conduct proceedings on a day-to-day basis until the conclusion of the trial. “There shall be no transfer of the judge conducting the trial until the entire trial concludes. The case shall not be adjourned on any ground except when the sessions court finds it impossible to carry on the trial for that particular date. In such an event, on grant of adjournment to the next day or a closely proximate date, reasons for the same shall be recorded in writing.”

The court also directed the CBI to ensure some witnesses were examined on every date of the hearing.

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May 18,2024

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Bengaluru: Karnataka Deputy Chief Minister D K Shivakumar and other state ministers on Saturday rubbished allegations about their role in the circulation of pen drives containing explicit videos involving Hassan MP Prajwal Revanna.

BJP leader and advocate G Devaraje Gowda, who is in custody after being arrested in a sexual abuse case and is also facing charges of video leak, on Friday alleged that Shivakumar and four other ministers are behind the circulation of the pen drives and was being fixed in false cases as he did not agree to be part of their plan.

He has even alleged that he was offered Rs 100 crore by Shivakumar to "bring a bad name" to the BJP and Prime Minister Narendra Modi, and to tarnish the image of JD(S) leader H D Kumaraswamy in Prajwal Revanna's obscene video case.

Speaking to reporters here, Shivakumar said, "Better, let him (Gowda) file a case before Lokayukta or any other agency. I think he has some problems mentally. I'm very sorry, the national and state media shouldn't have picked up such baseless allegations. A person who is in jail, how can he make such allegations? All these are baseless. I don't want to comment." 

Asked if he will be filing any defamation case against Gowda, he said, "I don't want to make any comment or speak on a person who is mentally sick. I appeal to his party people to get him a good treatment." Shivakumar also asserted that his government's commitment to get justice for women victims of the sexual abuse case, and expressed confidence about the Special Investigation Team's (SIT) ongoing probe.

While being taken from court in Hassan, Gowda on Friday spoke to media and alleged that Shivakumar is behind pen drive case, and a team of four Ministers -- N Chaluvarayaswamy, Krishna Byre Gowda, Priyank Kharge and another minister -- was formed to handle this, with an intention to bring bad name to BJP, PM Modi and Kumaraswamy.

He said Shivakumar had asked him to say that Kumaraswamy is behind the distribution of pen drives, but as he did not agree to it, he is being fixed in false cases.

Minister Priyank Kharge said Gowda has alleged that three responsible ministers in the state government were part of a team and that there was a conspiracy. "We will discuss whatever legal course, we will take it." 

"Devaraje Gowda might be doing this to defame Shivakumar and Siddaramaiah. If he had a Rs 100 crore offer, he should have told Amit Shah (Union Home Minister) and get it investigated. He could have got CBI, ED, or IT raids done. Why didn't he do it? Claims have been made that he (Gowda) was sent Rs 5 crore as advance at a club, let them get CCTV footage and see who were all there," Kharge said.

While speaking to reporters here, he further said Gowda is a lawyer. When he was deposed before the Judge he should have told about the documents he has and should have presented to the court.

Minister Chaluvarayaswamy said allegations about the role of Shivakumar and a team of ministers being formed to oversee the circulation of pen drives are 'baseless', and he questioned Gowda's morality to make such accusations.

"If Gowda proves that Chaluvarayaswamy, Priyank Kharge and Krishna Byre Gowda had held a meeting on this case and we as a team were given responsibility and we were involved in this case, I will apologise," he said and alleged that Gowda was being used to mislead and deviate from the main case of sexual abuse.

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May 19,2024

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Mangaluru: Disgruntled BJP leader and former MLA K Raghupathi Bhat, who is contesting the legislative council election as an independent candidate from the South West Graduates constituency, said the BJP has adopted the “godfather culture” of the Congress.

Bhat told reporters here on Saturday, that he has not tried to appease any senior BJP leaders to get a party ticket to contest the MLC poll.

“I am contesting and seeking votes based on my achievements. My contesting may have a negative impact on the BJP. However, I want to go back to the BJP after winning this election,” Bhat said, and refused to answer the actual reason for the denial of a BJP ticket to him.

“I have no idea who played from behind that I was denied a ticket for the MLC poll.

Earlier, the BJP had a culture of selecting candidates for MLA and MLC polls by seeking the opinion of party workers at the booth level, followed by discussions at mandal and district levels.

Now the situation is such that even if one person’s name was sent from the state, the final list will be different. The godfather culture of the Congress has stretched into our party too. Only those who appease leaders get a ticket in the BJP. However, I have not appeased any leader. I believe in the support of party workers, and with this confidence I am contesting the election,” Bhat said.

To a query, Bhat said that he has not contacted by BJP leaders after deciding to contest the MLC poll.

“I have already requested all leaders that I should get the party’s Form B to contest the MLC poll from the South West Graduates constituency. I have told them that I am also contesting as an independent candidate on behalf of the BJP. The ultimate aim of my contesting the election is that senior leaders should know the injustice that honest party workers are facing in the BJP,” he said.

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May 12,2024

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Mangaluru: Dakshina Kannada Zilla Panchayat High School in Harekala, popularly known as Padma Shri awardee Harekala Hajabba’s school, is gearing up to inaugurate its first batch of Pre-University (PU) courses starting June 1. 

The government issued an order to elevate the school established by Padma Shri awardee Harekala Hajabba to the status of a PU College a few months ago.

The School Education and Literacy Department (PU Education) has formally sanctioned the upgrade for the school.

CD Jayanna, the deputy director of PU Education, confirmed that all necessary approvals have been obtained from the government to initiate PU classes.

“Hajabba’s school will kick off PU classes for its inaugural batch on June 1. We have appointed a senior lecturer as the interim principal for the PU college. Presently, the school possesses the essential temporary infrastructure to begin the I PU batch. Plans are underway to enhance the infrastructure for the PU college in the future. Currently, the school boasts adequate classrooms and facilities to commence PU classes,” stated Jayanna.

Harekala Hajabba, an orange vendor, personally erected the school in his native village, New Padpu in Harekala, situated approximately 35 km from Mangaluru. For several years, he has tirelessly petitioned the government for the establishment of a PU college.

Expressing his gratitude, Hajabba mentioned that 19 students who recently completed their SSLC examinations are poised to enroll in the new PU college. He added, “We anticipate enrollment from neighboring villages as well. Both the interim principal and the PU education department have been diligently orchestrating the necessary arrangements to initiate classes.” 

He extended his appreciation to the government, local representatives, and officials for their unwavering support.

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