New Delhi: The Supreme Court on Monday asked Uttar Pradesh government to find mechanism to extend the services of the Special Judge of the CBI court, Lucknow, holding trial of L.K. Advani, Murli Manohar Joshi, Uma Bharti and others in Babri Masjid demolition conspiracy case till he concludes the trial and delivers judgment.
A top court bench, comprising Justice Rohinton Fali Nariman and Justice Surya Kant, asked the Uttar Pradesh government to apprise it about a mechanism by which the services of the Special. Judge could be extended till he concludes the trial and pronounces judgment.
Observing that after day to day hearing spread over two years, the Special Judge is at the fag end of the trial and needs six months time to complete it, the court said, “We are of the view, it is important for the Special Judge to conclude the proceedings and pronounce the judgement in the case. Given the facts and circumstances, we call upon the state of Uttar Pradesh to assist us on this behalf. List on Friday (July 19, 2019).” “You find out the mechanism and refer to the rules. If possible, we can extend the tenure by exercising powers under Article 142 of the Constitution,” the bench told senior counsel Aishwarya Bhati, asking her to find the way by which the services of judge could be extended till the conclusion and pronouncement of judgement.
The Special CBI court judge by his May 25,2019, letter to top court had sought six more months time to conclude the trial had also informed that he was superannuating on September 30, 2019. Besides L.K. Advani, Murli Manohar Joshi, Uma Bharti, others facing trial in conspiracy case include Vinay Katiar, Sadhvi Ritambara, and Vishnu Hari Dalmia.
Former UP chief minister Kalyan Singh too is an accused in the case but since he is Rajasthan governor and enjoys immunity, the court had by its 2017 judgement had said that sessions court will “frame charges and move against him as soon as he ceases to be governor.”
The Supreme Court by its April 19, 2017, verdict had revived the conspiracy charge in Babri Masjid demolition case against senior BJP leaders L.K. Advani, Murli Manohar Joshi, Rajasthan governor Kalyan Singh, Union minister Uma Bharti, among others.
Restoring the conspiracy charge, a bench of Justice Pinaki Chandra Ghose and Justice Rohinton Fali Nariman also transferred their trial to Lucknow.
Directing the trial court judge to hold day to day trial of the conspiracy case, the top court by its April 2017, verdict had said, “Having directed that the trial would proceed on day-to-day basis and there would be no adjournments, the court had also ordered “There shall be no transfer of the Judge conducting the trial until the entire trial concludes.”
