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Complete Babri trial against LK Advani, others by August 31: Supreme Court
The top court also asked special judge SK Yadav to make use of video conferencing facilities to ensure that recording of evidence is complete and there is no inordinate delay in concluding the trial.
The Supreme Court on Friday ordered the special judge conducting a criminal trial against BJP leaders LK Advani, Murli Manohar Joshi and Uma Bharti in the Babri Masjid demolition case to complete the proceedings and deliver judgment by August 31.
The top court also asked special judge SK Yadav to make use of video conferencing facilities to ensure that recording of evidence is complete and there is no inordinate delay in concluding the trial.
“We may indicate that video conferencing facilities are available and should be used by Shri Yadav in order to complete all evidence…We extend the period to complete evidence and deliver judgment till August 31”, the bench headed by justice Rohinton Nariman said after the special judge wrote to the court on May 6 stating that recording of evidence is yet to be completed.
This would be the third time the court is setting a deadline for completion of trial in the 28-year-old case.
The BJP leaders are on trial for the 1992 demolition of Babri Masjid at Ayodhya in Uttar Pradesh. They have been charged for various offences under the Indian Penal Code (IPC) that include promoting enmity between religious groups (section 153A), making statements affecting national integration (section 153B) or which are likely to cause public mischief (section 505).
In April 2017, the top court had ordered that additional charges of criminal conspiracy under section 120B of the IPC should be framed against the accused BJP leaders.
BJP leader Kalyan Singh, who was the chief minister of Uttar Pradesh when the Babri Masjid was demolished and who is one of the accused in the case, was given immunity by the top court under Article 361 of the Constitution since he was the Governor of Rajasthan. Article 361 affords protection to the President and Governor from criminal proceedings when in office.
The apex court had also ordered the special court to complete trial within two years.
However, the matter was taken up again by the Supreme Court in July 2019 after the special judge sought additional time to complete the trial and deliver his judgment. The apex court allowed the same and extended the deadline by 9 more months.
The deadline expired on April 19 and the special judge Yadav wrote to the apex court on May 6 seeking further extension of time.
The court then listed the case on Friday and decided to extend the deadline one last time.
“We are cognisant of the fact that Shri Yadav is making all efforts in order that the trial reach a just conclusion. However, given the original time frame and the extended time frame, the effort must now be to complete the proceedings and deliver judgment latest by August 31,” the Supreme Court said.
In its historic verdict on November 9 last year in the Babri demolition case, the court decided the title suit in favour of Hindu parties while also acknowledging that the demolition of the masjid which stood at the site was a “calculated act.”
“During the pendency of the suits, the entire structure of the mosque was brought down in a calculated act of destroying a place of public worship. The Muslims have been wrongly deprived of a mosque which had been constructed well over 450 years ago”, the November 9 judgment said.
