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Babri Masjid demolition case: SC rules LK Advani, Joshi, Uma to be tried under criminal conspiracy

By FnF Correspondent | PUBLISHED: 19, Apr 2017, 11:26 am IST | UPDATED: 19, Apr 2017, 11:53 am IST

Babri Masjid demolition case: SC rules LK Advani, Joshi, Uma to be tried under criminal conspiracy New Delhi: The Supreme Court on Wednesday ordered framing of conspiracy charges against senior Bharatiya Janata Party (BJP) leaders L K Advani, Murli Manohar Joshi and others in the Babri Masjid demolition case.

The apex court also allowed CBI's appeal challenging withdrawal of conspiracy charges against the leaders.

The Supreme Court has ordered the trial to be completed in two years. Judges have ordered daily hearings to meet a 2-year-deadline for a verdict. Union Minister Uma Bharti will also have to face criminal conspiracy charges. SC said that no adjournment would be given under normal circumstances. No judge, hearing the case, would be transferred.

Justice Rohington F Nariman pronounced the verdict.

Earlier on April 6, the Supreme Court reserved its order on whether criminal conspiracy charges should be initiated or not against various Bharatiya Janata Party (BJP) leaders in the Babri Masjid demolition case.

The CBI had chargesheeted Advani and 20 others under Sections 153A (promoting enmity between classes), 153B (imputations, assertions prejudicial to national integration) and 505 (false statements, rumours etc. circulated with the intent to cause mutiny or disturb public peace) of the Indian Penal Code (IPC).

It had subsequently invoked charges under Section 120B (criminal conspiracy) of the IPC, which was quashed by the special court whose decision was upheld by the High Court.

The CBI told the apex court that 14 persons, including BJP leaders, who were acquitted of the charges under criminal conspiracy should be tried in Lucknow Court in the Babri Masjid demolition case.

The CBI lawyer, however, did not name the BJP leaders to be tried for criminal conspiracy charges in the Babri Masjid demolition case.

The CBI lawyer told the apex court that there are two FIRs registered against all accused in the case.

The probe agency also told the top court that the criminal conspiracy charges were dropped against 21 accused, including several BJP leaders, on technical grounds and added that the Lucknow bench of the Allahabad High Court had upheld the lower court's order.

The apex court was examining whether to revive the conspiracy charges against senior BJP leaders Lal Krishna Advani, Murli Manohar Joshi, Uma Bharti, Kalyan Singh and several others in connection with the case.

Earlier, the apex court had asked all parties to file their response in the matter and said it will hear the matter after two weeks.

There are two sets of cases - one against BJP veteran Advani and others, who were on the dais at Ram Katha Kunj in Ayodhya on December 6, 1992, when the Babri mosque was demolished.

The other case was against lakhs of 'karsevaks' (volunteers) who were in and around the disputed structure.

Here is a timeline the long-standing dispute:

1528: The Babri Masjid, a mosque in Ayodhya, was constructed by Mir Baki on the orders of Mughal emperor Babar. According to the Hindu community, it was built on the foundations of a temple which marked the birthplace of Lord Ram in Ayodhya. This contention lingered on for several years.

1949: Towards the end of December 1949, idols of Lord Ram appeared inside the mosque, allegedly put there by Hindus. It led to widespread protests and both communities filed cases, Hashim Ansari for Muslims and Mahant Paramhans Ramchandra Das for Hindus. The government declared the site as disputed and locked the gates to it.

1950: Mahant Paramhans Ramchandra Das, the chief of Ram Janmabhoomi Nyas, and Gopal Singh Visharad filed suits in Faizabad, seeking permission to pray before the installed idols. The puja was allowed though the inner courtyard gates remain locked.

1959: Nirmohi Akhara, one of the main parties to the dispute, and others filed a case and sought permission again to conduct prayers.

1961: Sunni Central Board of Waqfs in Uttar Pradesh filed a case claiming the mosque, and argued that the surrounding area was a graveyard.

1984: The Vishwa Hindu Parishad constituted a group to continue the movement as BJP leader L K Advani was made the leader of the campaign.

February 1, 1986: Faizabad district judge ordered the gates of the structure be opened for Hindus to offer prayers. Babri Masjid Action Committee was formed soon after this.

1989: The then Prime Minister Rajiv Gandhi allowed shilanyas or a ground-breaking ceremony in an undisputed site close to the structure. The hearing of the case was subsequently shifted to the High Court.

September 25,1990: LK Advani launched a rath yatra (pilgrimage procession) from Somnath to Ayodhya to galvanise support for the issue countrywide.

November 1990: Lal Krishna Advani’s rath was stopped and he was arrested in Samastipur, Bihar. Dissatisfied with the development, the BJP withdrew its support to the VP Singh government, triggering fresh elections. The saffron party made giant strides in the assembly elections by winning a majority.

December 6,1992: The disputed structure was brought down by kar sevaks and a makeshift temple was placed in its place. The PV Narasimha Rao-led Congress government then moved court for status quo.

March 5, 2003: The Allahabad High Court ordered the Archeological Survey of India to excavate the disputed site in order to determine whether a temple existed where the mosque stood.

August 22, 2003: The ASI submitted its report to the Allahabad High Court, saying it had found features of a 10th century temple beneath the site of the masjid

August 31, 2003: All India Muslim Personal Law Board said it would challenge the ASI report.

July 26, 2010: The bench reserved its judgement and advised all parties to solve the issue amicably. But no one was keen.

September 8, 2010: The High Court announced that the verdict would be pronounced on September 24.

September 14, 2010: A writ was filed to defer the judgement but was subsequently rejected by the High Court.

September 23: The plea for an out-of-court settlement reached Supreme Court and the apex body said it would hear it again on September 28.

September 28: The apex court rejected petition for deferment and gives the nod to the Allahabad High court to deliver the judgement. The High Court chose September 30 as verdict day.

September 30: The Allahabad High Court pronounced its verdict on the long-standing Ayodhya Ramjanmabhumi-Babri Masjid issue and ruled for a three-way division of the disputed area, between the Sunni Waqf Board, the Nirmohi Akhara and the party for ‘Ram Lalla’.

February 26, 2016: The Supreme Court permitted BJP leader Subramanian Swamy to intervene in the pending matters relating to the Ayodhya dispute with his plea seeking construction of Ram temple at the site of the demolished disputed structure.
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