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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April 23,2024

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The Karnataka government's decision to categorise the entire Muslim community as a backward caste for reservation purposes in the state has drawn criticism from the National Commission for Backward Classes (NCBC), which said such blanket categorisation undermines the principles of social justice.

According to the data submitted by the Karnataka Backward Classes Welfare Department, all castes and communities within the Muslim religion have been enlisted as socially and educationally backward classes under Category IIB in the State List of Backward Classes.

The NCBC, during a field visit last year, examined the state's reservation policy for OBCs in educational institutions and government jobs.

"All castes/communities of Muslim religion of Karnataka are being treated as socially and educationally backward classes of citizens and listed as Muslim Caste separately under Category IIB in the State List of Backward Classes for providing them reservation in admission into educational institutions and in appointments to posts and vacancies in the services of the State for the purpose of Articles 15(4) and 16(4) of the Constitution of India," the NCBC said in a statement on Monday night.

This categorisation has led to the provision of reservation benefits for 17 socially and educationally backward castes under Category I and 19 castes under Category II-A, respectively.

The NCBC said the blanket categorisation of Muslims as a backward caste undermines the principles of social justice, particularly for the marginalised Muslim castes and communities identified as socially and educationally backward.

However, the NCBC emphasised that while there are indeed underprivileged and historically marginalised sections within the Muslim community, treating the entire religion as backward overlooks the diversity and complexities within Muslim society.

"The religion-based reservation affects and works against ethics of social justice for categorically downtrodden Muslim castes/communities and identified socially and educationally backward Muslim castes/communities under Category-I (17 Muslim castes) and Category II-A (19 Muslim castes) of State List of Backward Classes. Hence, socially and educationally backward castes/communities cannot be treated at par with an entire religion," the NCBC stated.

The NCBC also voiced concern over the impact of such reservations on the overall framework of social justice, particularly in the context of local body polls.

While Karnataka provides 32 per cent reservation to backward classes in local body elections, including Muslims, the Commission stressed the need for a nuanced approach that accounts for the diversity within these communities.

According to the 2011 Census, Muslims constitute 12.92 per cent of the population in Karnataka.

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May 1,2024

Mangaluru: The Bengaluru-Mangaluru air route has recently surpassed the Mumbai route to become the busiest for Mangaluru International Airport.

According to the Directorate General of Civil Aviation’s city pairing data for March this year, 51,734 passengers travelled between Mangaluru and Bengaluru, while 50,340 passengers flew on the Mangaluru-Mumbai route.

In January and February, the Mumbai air route had the highest passenger flow with 60,306 and 52,732 passengers, respectively, compared to 53,509 and 47,530 for Bengaluru during the same months. However, the trend shifted in March, with the Bengaluru-Mangaluru route surpassing Mumbai.

An official from MIA explained, “The first reason for Bengaluru taking over Mumbai is that flights that almost fly full to Mumbai were reduced from March, after the ministry of civil aviation suggested easing air traffic congestion at Mumbai airport. The air carrier IndiGo, which used to operate four flights a day from MIA, reduced it to three. Air India Express, which operates two flights a day, has made no changes. As a result of this, Bengaluru has taken over Mumbai. A total seven flights operates per day to Bengaluru.” 

The official added that despite the reduction in flights, the Mumbai route still experiences high demand. DGCA data for 2023 shows that the Mumbai and Bengaluru sectors have experienced growth of 11.9% and 19.3%, respectively.

The Mangaluru-Mumbai sector has seen a total of 5,52,767 passengers, followed by Bengaluru with 5,52,500 passengers in the same calendar year.

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April 23,2024

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Hubballi, Apr 23: Karnataka Chief Minister Siddaramaiah on Tuesday spoke to father of slain student Neha Hiremath over phone and said "sorry" over his daughter's killing, and assured that "we will be on your side".

The Chief Minister also informed Niranjan Hiremath, who is also a Congress councillor of Hubballi-Dharwad Municipal Corporation, about the government's decision to hand over the murder case to the Criminal Investigation Department (CID) and setting up a special court to fast-track trial.

"Niranjan... very sorry. We will be on your side," Siddaramaiah told Hiremath over the phone call during state's Law and Parliamentary Affairs Minister H K Patil's visit to Hiremath's house here.

In the conversation on Patil's phone with speakers on, Siddaramaiah can be heard informing Hiremath about the CID probe and setting up a special court.

"It is a serious offence... setting up a special court will ensure punishment for the accused person."

Hiremath thanked Siddaramaiah on behalf of his family well-wishers and the community for handing over the case to CID and setting up a special court "...ensure there is an order at the earliest and provide us justice," he said, as he also thanked Patil, Home Minister G Parameshwara, local Congress MLA Prasad Abbayya and others for their support.

Replying to this, Siddaramaiah said, "We will ensure it, at the earliest."

In a shocking incident, Neha Hiremath (23), was stabbed to death on the campus of BVB College last Thursday. The accused Fayaz Khondunaik, who fled from the scene, was arrested by the police subsequently.

Neha was a first year Master of Computer Application (MCA) student and Fayaz was earlier her classmate.

Siddaramaih on Monday had announced his government has decided to hand over the investigation into the incident to the Crime Investigation Department, and to set up a special court for speedy disposal of the case.

The case of brutal murder, which sparked widespread outrage, has snowballed into a political slugfest between ruling Congress and opposition BJP.

While the ruling party has tried to project it as an incident with personal angle, the saffron party has called it a "love jihad" case and has said it's a testimony of deterioration of law and order in the state.

Earlier, Siddarmaiah's statement that the murder was due to "personal reasons" and Home Minister G Parameshwara's comments that the duo was in love, has elicited sharp reactions from Hiremath and family members and opposition parties.

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