THE ALLAHABAD High Court today dismissed an application contesting the CBI’s authority to act as prosecuting agency in the Babri Masjid demolition case, in which senior BJP leaders L K Advani, M M Joshi, Shiv Sena supremo Bal Thackeray and others are the accused.
“The preliminary objections being raised at this stage are devoid of merits and are fit to be dismissed,” it said, disposing of the application of an accused Moreshwar Save, who challenged the CBI’s revision petition, and posted the hearing of the case for September 11.
Justice Shailendra Saxena of the Lucknow Bench of the court, who had reserved his order on Monday, said as per records Save had earlier raised the same plea before the special Ayodhya court, which had been turned down by the special judge, therefore it could not be looked into.
Since Save did not prefer to challenge the order at that time it was not open for him to raise the same plea now, the Bench remarked.
He said the prosecutor appointed by CBI had “every right to prosecute”, and rejected Save’s argument that the CBI had no locus standi to file any revision as it was merely the investigating agency.
Save had raised the same plea again in CBI’s Revision, filed against special courts order of May 4, 2001, dropping proceedings against 21 accused persons in Ayodhya demolition case.