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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April 25,2024

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Kolkata: Defence Minister Rajnath Singh or Transport Minister Nitin Gadkari could have been the prime minister, said Trinamool Congress supremo and West Bengal chief minister Mamata Banerjee, subtly taking a dig at the Bharatiya Janata Party leaders relegated to the second rung of the organisational echelons.

Banerjee’s nephew and the TMC general secretary Abhishek Banerjee, on the other hand, attempted to stoke trouble within the BJP’s unit in West Bengal, saying that at least 10 more state legislators of the saffron party were keen to join his party and in touch with him.

"You (Rajnath Singh) are surviving at the mercy of Modi (Prime Minister Narendra Modi). You are saluting Modi daily to save your chair. You or Nitin Gadkari could have been the PM (prime minister) today," the TMC supremo said in an election rally at Ausgram in Bolpur Lok Sabha constituency on Wednesday. "There would have been no problem...at least there would have been a gentleman in the chair who knows minimum courtesy," she added.

Banerjee was responding to Singh’s diatribe against herself and the TMC government led by her. The defence minister, who had addressed an election rally in Murshidabad on Sunday, had criticised the TMC government for alleged corruption and anarchy in West Bengal.

Singh had referred to the attacks on the Enforcement Directorate officials on January 5 during a raid at the residence of the TMC leader Sheikh Shahjahan at Sandeshkhali in North 24 Parganas district of the state. It was followed by an agitation by local women protesting against atrocities by Shahjahan and his aides known to be owing allegiance to the TMC.

Singh questioned how the state government, led by a woman as the chief minister, could allow such atrocities on women to take place. He went on to say that Banerjee had lost all ‘mamata’ (affection and compassion) for people.

Banerjee shared a cordial relationship with Singh since the days when they both were ministers in the central government led by then Prime Minister Atal Bihari Vajpayee. Singh avoided personally criticising Banerjee in the past.

He, however, went ballistic against Banerjee on Sunday, triggering a strong response from the TMC supremo on Wednesday.

"The BJP is trying to get into the game of breaking parties, but they can't win in it. They poached two of our MPs, and we replied by taking two of their MPs, Arjun Singh and Babul Supriyo. Recently, by using ED raids, they inducted Tapas Ray. At least 10 top leaders of the BJP are in the queue to join the TMC," Abhishek said in another election rally in Murshidabad on Wednesday.

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News Network
April 25,2024

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The Election Commission of India on Thursday announced that it had taken cognisance of violations to the Model Code of Conduct by both Prime Minister Narendra Modi and Congress leader Rahul Gandhi.

While Modi has indulged in a diatribe against Muslims, without naming them, using terms like 'infiltrators' and 'those with more children', Rahul has been accused of making a false claim about 'rise in poverty'.

Both the BJP and INC have raised allegations of causing hatred and divisions based on caste, religion, language, and community, ANI reported.

While the EC had initially refused to comment on Modi's speeches, sources had told PTI that the commission was 'looking into' the remarks made by the BJP leader.

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April 25,2024

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Electronics Corporation of India Ltd and Bharat Electronics Ltd have refused to disclose the names and contact details of the manufacturers and suppliers of various components of EVMs and VVPATs under the RTI Act citing "commercial confidence", according to RTI responses from the PSUs to an activist.

Activist Venkatesh Nayak had filed two identical Right To Information applications with the ECIL and BEL, seeking the details of the manufacturers and suppliers of various components used in the assembling of the electronic voting machines (EVMs) and voter-verifiable paper audit trail (VVPATs).

The VVPAT is an independent vote verification system which enables electors to see whether their votes have been cast correctly.

The ECIL and the BEL, public sector undertakings under the Ministry of Defence, manufacture EVMs and VVPATs for the Election Commission.

Nayak also sought a copy of the purchase orders for the components from both PSUs.

"Information sought is in commercial confidence. Hence details cannot be provided under Section 8(1)(d) of the RTI Act," BEL said in its response.

A similar response was sent by ECIL which said the details requested are related to a product which is being manufactured by ECIL, and third party in nature.

"Disclosing of details will affect the Competitive position of ECIL. Hence, Exemption is claimed under section 8(1) (d) of RTI ACT, 2005," it said.

In response to the purchase order copies, ECIL's central public information officer said the information is "voluminous" which would disproportionately divert the resources of the Public Authority.

"Further, the information will give away the design details of EVM components. The same may pose a danger to the machines produced. Hence, the exemption is claimed U/s 7(9) and under section 8(1)(d) of RTI Act, 2005," ECIL said.

Section 8(1)(d) of the RTI Act exempts from disclosure the information, including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information.

Section 7(9) of the Act says the information shall ordinarily be provided in the form in which it is sought unless it would disproportionately divert the resources of the public authority or would be detrimental to the safety or preservation of the record in question.

"I don't know whose interests they are trying to protect against the right to know of close to a billion-strong electorate. ECIL said that disclosure of the purchase orders will reveal the design details of the components and this may pose a danger to the machines produced. ECIL did not upload even a signed copy of its reply on the RTI Online Portal," Nayak said.

He said it is reasonable to infer that the two companies are not manufacturing every single item of the EVM-VVPAT combo or else the two companies would have replied that they are manufacturing all these components internally without any outsourcing being involved.

"But the electorate is expected to take everything about the voting machines based on what the ECI is claiming in its manuals and FAQs," Nayak said.

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