Babri case: Court to frame additional charges against Advani, others tomorrow

May 24, 2017

Lucknow, May 24: A special CBI court hearing the 1992 Babri Masjid demolition cases is likely to frame additional charges tomorrow against BJP leader L K Advani and other accused after the Supreme Court ordered restoring of the serious criminal conspiracy offence against them.

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The court today granted bail to former Shiv Sena MP Satish Pradhan after he surrendered here in another Babri Masjid demolition case. Special CBI court judge S K Yadav granted him bail on two sureties of Rs 20,000 each and a personal bond of the same amount.

Pradhan appeared in the court and moved a surrender application, which was allowed and he was sent to judicial custody, special public prosecutor CBI Lalit Kumar Singh, adding he later moved a bail plea.

The special court here, which began day-to-day hearing in the politically sensitive case on May 20 after a Supreme Court direction, had earlier granted bail to five VHP leaders in this case. Besides Ram Vilas Vedanti (59), those who were granted relief by the CBI court on Saturday were VHP leaders Champat Rai (71), Baikunth Lal Sharma (88), Mahant Nritya Gopal Das (79) and Dharmdas Maharaj (68).

Pradhan had failed to appear on Saturday and also on Monday.

The CBI court today also ordered framing of charges against the accused in light of the Supreme Court order dated April 19, 2017. It has fixed May 25 for it, the special public prosecutor said here.

The Supreme Court had on April 19 directed that Advani, Union Minister Uma Bharti and BJP veteran Murli Manohar Joshi will face trial on conspiracy charges. It had transferred their case from Raebareli to Lucknow.

It directed the special court to start proceedingsin the matter within a month and deliver its verdict within two years.

The apex court had dubbed the demolition of the medieval era monument as a "crime" which shook the "secular fabric of the Constitution" and allowed CBI's plea on restoration of serious offence of criminal conspiracy against the VVIP accused.In its 40-page judgement, it had termed the Allahabad High Court's February 12, 2001 verdict dropping conspiracy charge against Advani and others as "erroneous".

The matter is likely to have political implications, particularly against 89-year old Advani, reported to be a front-runner for the post of the President.

The apex court had also come down heavily on the CBI for the delay of 25 years in the trial.

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

While a charge sheet in the Lucknow court was filed in October 1993, a supplementary charge sheet was filed in November 1996. A supplementary charge sheet was also filed in May 2003 in Rae Bareli court.

Issuing a slew of directions, the apex court had said the proceedings in the case against Advani and five others in the court of the special judicial magistrate at Raebareli will be transferred to the court of additional sessions judge (Ayodhya Matters) at Lucknow.

It had said additional charges will be framed under Section 120-B (conspiracy) and the other provisions of the penal code mentioned in the joint charge sheet filed by the CBI against the accused.

Besides the BJP three leaders, the conspiracy charge would now be invoked against Vinay Katiar, Sadhvi Ritambara and Vishnu Hari Dalmia, who were being tried at Raebareli.

The apex court had directed the Lucknow court to take on a day-to-day basis the hearing of the case after transfer of the proceedings from Raebareli and framing of additional charges.

The trial will be taken from the stage at which they were both at Raebareli and Lucknow, it had said.

There shall be no fresh 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, it had said.

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News Network
April 26,2024

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The Supreme Court of India on Friday, April 26, rejected pleas seeking 100% cross-verification of votes cast using EVMs with a Voter Verifiable Paper Audit Trail (VVPAT) and said “blindly distrusting” any aspect of the system can breed unwarranted scepticism.

A bench of Justices Sanjiv Khanna and Dipankar Datta delivered two concurring verdicts. It dismissed all the pleas in the matter, including those seeking to go back to ballot papers in elections.

An EVM comprises three units – the ballot unit, the control unit and the VVPAT. All three are embedded with microcontrollers with a burnt memory from the manufacturer. Currently, VVPATs are used in five booths per assembly constituency.

EVM VVPAT case: Supreme Court issues two directives

1.    Justice Khanna directed the Election Commission of India to seal and store units used to load symbols for 45 days after the symbols have been loaded to electronic voting machines in strong rooms.

2.    The Supreme Court also allowed engineers of the EVM manufacturers to verify the microcontroller of the machines after the declaration of the results at the request of candidates who stood second and third. The top court said the request for the verification of the microcontroller can be made within seven days of the declaration of the results after payment of fees.

Option for candidates to seek verification of EVM programmes

•    Candidates who secure second and third position in the results can request for the verification of burnt memory semicontroller in 5% of the EVMs per assembly segment in a Parliamentary constituency. The written request to be made within seven days of the declaration of the results.

•    *On receiving such a written request, the EVMs shall be checked and verified by a team of engineers from the manufacturer of the EVMs.

•    Candidates should identify the EVMs to be checked by a serial number of the polling booth.

•    Candidates and their representatives can be present at the time of the verification.

•    After verification, the district electoral officer should notify the authenticity of the burnt memory.

•    Expenses for the verification process, as notified by the ECI, should be borne by the candidate making the request.
What did the Supreme Court say?

•    "If EVM is found tampered during verification, fees paid by the candidates will be refunded," the bench said.

•    "While maintaining a balanced perspective is crucial in evaluating systems or institutions, blindly distrusting any aspect of the system can breed unwarranted scepticism...," Justice Datta said.

Who filed the petitions?

NGO Association for Democratic Reforms, one of the petitioners, had sought to reverse the poll panel's 2017 decision to replace the transparent glass on VVPAT machines with an opaque glass through which a voter can see the slip only when the light is on for seven seconds.

The petitioners have also sought the court's direction to revert to the old system of ballot papers.

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News Network
April 12,2024

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New Delhi, Apr 12: India on Friday asked its citizens not to travel to Iran or Israel amid escalating tensions between the two countries following a strike on the Iranian consulate in Syria 11 days ago.

Iran blamed Israel for the strike and there have been fears that Tehran may launch an attack on Israel soon.

In an advisory, the Ministry of External Affairs (MEA) also urged the Indians residing in Iran and Israel to exercise utmost precautions about their safety and restrict their movements to minimum.

“In view of the prevailing situation in the region, all Indians are advised not to travel to Iran or Israel till further notice,” it said.

“All those who are currently residing in Iran or Israel are requested to get in touch with Indian Embassies there and register themselves,” the MEA said.

“They are also requested to observe utmost precautions about their safety and restrict their movements to the minimum,” it added. 

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News Network
April 23,2024

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Congress workers protested outside the home of Nilesh Kumbhani, the party's candidate from Gujarat's Surat Lok Sabha seat whose nomination form was rejected due to alleged discrepancies, as he was likely to join the BJP, sources said on Tuesday.

The protest came a day after the BJP's Mukesh Dalal was declared the winner from the party stronghold following the withdrawal of all the other eight candidates in the fray.

The sources said that the protesters called Kumbhani a "traitor" and "killer of democracy", adding that he could join the BJP as early as this week.

Kumbhani's nomination form was rejected after he was unable to present even one of his three proposers before Returning Officer Sourabh Pardhi.

The BJP had raised questions about the discrepancies in the signatures of three proposers in his nomination form.

The nomination form of Suresh Padsala, the Congress' substitute candidate from Surat, was also invalidated, pushing the party out of the poll fray in the BJP stronghold.

In his order, Pardhi said the four nomination forms submitted by Kumbhani and Padsala were rejected because at first sight, discrepancies were found in the signatures of the proposers, and they did not appear genuine.

The Lok Sabha elections in the Surat seat was supposed to take place on May 7.

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