SC sets deadline for verdict in the Babri demolition case

A bench of justices RF Nariman and Surya Kant asked special judge SK Yadav — earlier scheduled to retire on September 30 — to complete recording of evidence in six months.

The Supreme Court on Friday set a nine-month deadline for the Lucknow trial court to pronounce the final verdict in the December 1992 Babri Masjid demolition case and extended the tenure of the special CBI judge hearing it till the trial gets over.

The apex court has given trial court 9 months to give judgement and has extended special CBI judge’s tenure.(HTPhotos)

A bench of justices RF Nariman and Surya Kant asked special judge SK Yadav — earlier scheduled to retire on September 30 — to complete recording of evidence in six months and ordered both prosecution and defence witnesses to cooperate in fast-tracking the case.

On April 1, 2017, the top court had given the judge two years to complete the trial after it revived criminal conspiracy charges against senior Bharatiya Janata Party (BJP) leaders, including LK Advani, Murli Manohar Joshi and Uma Bharti, in the case. “Oral arguments will be kept to the bare minimum, to be supplemented by written arguments, which should be prepared by both sides well in advance. We direct the judgment should be ready and delivered maximum within a period of nine months from today [Friday],” the court ordered.

It said Yadav would discharge his duties as a special judge only for the purpose of completing trial in the case.

The clarification came after Uttar Pradesh government counsel, additional advocate general Aishwarya Bhatti, said Yadav was holding the district judge’s office at present and his continuation in service should not imply that he would carry out the functions of that post as well. Earlier, Bhatti pointed out that there was no provision in the Uttar Pradesh judicial service rules allowing a district and sessions judge to continue beyond his retirement date.

The top court said it was invoking its extraordinary jurisdiction under the Constitution to extend the special judge’s tenure and directed the state government to consult the Allahabad high court and pass necessary orders within four weeks. “We make it clear that he shall continue till the trial ends,” justice Nariman said orally.

The bench directed the Uttar Pradesh chief secretary to file an affidavit bringing on record the orders passed by the state government with regard to extension of the judge’s tenure.

Friday’s order extending Yadav’s tenure came following a letter he wrote to the top court on May 25. According to the SC’s April 2017 verdict, the trial was to end in two years. Yadav not only asked the judges to give him six more months to complete the trial but also informed them about his retirement date. At the last hearing, the top court had asked the state government to consider granting Yadav an extension.

In 2017, the SC had clubbed two criminal cases languishing in the Rae Bareli and Lucknow courts and transferred it to the special CBI court in Lucknow, ordering the judge to conduct a day-to-day trial. While the Rae Bareli case deals with accusations against BJP and Sangh Parivar leaders, the Lucknow case involves unnamed kar sevaks.