Published 13:09 IST, July 15th 2019
Babri demolition case: Special judge seeks 6 months' time from Supreme Court to conclude trial
A special judge holding trial in Babri Masjid demolition case, involving BJP veterans L K Advani, M M Joshi and others, on Monday moved the Supreme Court seeking six more months to conclude the trial in the case.
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A special judge holding trial in Babri Masjid demolition case, involving BJP veterans L K vani, M M Joshi and ors, on Monday moved Supreme Court seeking six more months to conclude trial in case.
special judge, in a letter written in May, has informed top court that he is due to superannuate on September 30, 2019.
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matter came up for hearing on Monday before a bench heed by Justice R F Nariman, which asked Uttar Presh government to apprise it by July 19 about a mechanism by which tenure of special judge could be extended till he delivers verdict in high profile case.
On April 19, 2017, top court h ordered day-to-day trial to be concluded in two years in politically sensitive 1992 Babri Masjid demolition case.
While dubbing demolition of medieval era monument as a "crime" which shook "secular fabric of Constitution", it h allowed CBI's plea on restoration of criminal conspiracy charge against VVIP accused.
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However, top court h said Kalyan Singh, who is currently Goverr of Rajasthan and during whose tenure as Chief Minister of Uttar Presh disputed structure was razed, is entitled to immunity under Constitution as long as he remained in gubernatorial position.
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court h come down heavily on CBI for delay of 25 years in trial and said, " accused persons have t been brought to book largely because of conduct of CBI in t pursuing prosecution of aforesaid alleged offenders in a joint trial, and because of technical defects which were easily curable, but which were t cured by State Government."
Issuing a slew of directions, it h said that " proceedings (against vani and five ors) in court of Special Judicial Magistrate at Rae Bareilly will stand transferred to Court of ditional Sessions Judge (Ayodhya Matters) at Luckw."
Besides three leers, accused, against whom conspiracy charge was invoked, were Vinay Katiar, Shvi Ritambara, Vishnu Hari Dalmia, who were being tried at Rae Bareilly.
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" court of sessions will frame ditional charges under Section 120-B (conspiracy) and or provisions of Penal Code mentioned in joint charge sheet filed by CBI against Champat Rai Bansal, Satish Prhan, Dharam Das, Mahant Nritya Gopal Das, Mahamleshwar Jagdish Muni, Ram Bilas Vanti, Vaikunth Lal Sharma and Satish Chandra Nagar," apex court h said.
It h also said that if trial was journed, n it should be fixed on next day or a closely proximate date and reasons for it shall be recorded in writing.
CBI shall ensure that on every date fixed for recording of evidence, some prosecution witnesses must remain present, so that for want of witnesses matter is t journed, it h said.
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court h termed Allahab High Court's February 12, 2001 verdict dropping conspiracy charge against vani and ors as "erroneous".
Out of eight VIP accused, Giriraj Kishore and Vishwa Hindu Parish leer Ashok Singhal have died during trial and proceedings against m have been abated.
13:09 IST, July 15th 2019