New Delhi: The Supreme Court on Wednesday allowed the Central Bureau of Investigation's appeal to restore criminal charges against senior Bharatiya Janata Party leaders including veteran L K Advani.
It also directed the Lucknow court to conduct trial in these cases on a day-to-day basis without granting adjournment and complete it in two years. The trial will commence in four weeks and will be a no de novo trial (new trial).
In 2010, the Allahabad High Court had disagreed with the CBI about filing criminal conspiracy charges against the BJP veterans, which meant that the leaders' case continued to be heard in Rae Bareli.
Other senior party leaders including Uma Bharti and MM Joshi will now have to face trial. The SC has also ordered a joint trial in two separate cases against LK Advani, MM Joshi, Uma Bharti and other unknown 'karsevaks' in Lucknow.
Others who will face criminal conspiracy charges are Vinay Katiyar, Sadhvi Ritambara, Satish Pradhan, Champat Rai Bansal and late Giriraj Kishore.
However, Kalyan Singh wouldn't be tried and no case would be filed against him as well, as he enjoys Constitutional immunity as Rajasthan Governor. He can be tried only after he ceases to hold office. Notably, Singh was the chief minister of Uttar Pradesh during the demolition.
Stating that its order should be followed ‘in letter and spirit’, the Supreme Court granted parties to the case the liberty to approach it, if its orders were not followed.
The apex court further added that the judge hearing the case also will not be transferred until the trial is over and the judgement is delivered. It also directed the CBI to ensure that prosecution witnesses appear in trial court for recording of testimony.
There were two sets of cases relating to the demolition of the disputed structure on December 6, 1992. The first involved unnamed 'karsevaks', the trial of which is taking
place in a Lucknow court, while the second set of cases relate to the leaders in a Raebareli court.
