This article exists as part of the online archive for HuffPost India, which closed in 2020. Some features are no longer enabled. If you have questions or concerns about this article, please contact indiasupport@huffpost.com.

Why Was The Criminal Conspiracy Charge Against LK Advani Dropped In The Babri Masjid Case, Asks Supreme Court

"It cannot go on like this forever."
|
Open Image Modal
Robert Nickelsberg via Getty Images

The Supreme Court has questioned why the criminal conspiracy charges against BJP leaders including LK Advani, Murli Manohar Joshi and Uma Bharti were dropped in the 1992 Babri Masjid demolition case.

The trial against 13 BJP leaders and other right-wing personalities accused of inciting the crowds through speeches is being conducted at a court in Rae Bareli. Another trial relating to "kar sevaks" who brought down the Babri Masjid is underway in Lucknow.

The Indian Expressreported that the conspiracy charges against Advani and other BJP leaders were dropped in Lucknow because the FIR reportedly only referred to "kar sevaks."

The CBI had approached the Supreme Court after the criminal conspiracy charges were dropped by the trial court and its decision upheld by the Allahabad High Court, The Times of Indiareported.

Justices P.C. Ghose and R.F. Nariman of the Supreme Court pointed out that dropping the charge on technical grounds was inappropriate, while questioning the manner in which CBI was prosecuting the case. "People cannot be discharged like this on technical ground," the court said, The Hindustan Times reported. "Why haven't you filed the supplementary chargesheet in Rae Bareli?"

The court said, "something is peculiar about this case." "Prima facie, we don't think they can be discharged."

Something is peculiar about this case.

The Supreme Court has also suggested clubbing the two criminal cases in a joint trial to be conducted in Lucknow, The Indian Express reported. "Why don't you conduct the joint trial of both the cases? It cannot go on like this forever. It has to be decided in one way or another. We are concerned about the delay in conducting the trial."

While CBI counsel additional solicitor general Neeraj Kishan Kaul agreed to the Supreme Court's suggestion, senior advocate K.K. Venugopal, who appeared for the BJP leaders, argued that moving the case would be against the interest of the accused because examination of evidence was at an advanced stage, HT reported. Venugopal also pointed that 186 witnesses would have to be reexamined, TOI reported.

It cannot go on like this forever. It has to be decided in one way or another.

Also on HuffPost India:

'Indica: A Deep Natural History Of The Indian Subcontinent' Is More Compelling Than Sci-Fi
(01 of11)
Open Image Modal
‘Narmada Man’ was the first early human discovered in 1982 in Hathnora, MP. Believed to be 236,000 years old, ‘he’ was subsequently discovered to be a woman between 27-32 years of age. The Narmada basin contains many early fossils. (credit:Arun Sonakia)
(02 of11)
Open Image Modal
Geologists call the rocks at Kanyakumari, including the one on which the Vivekananda memorial stands, the ‘Gondwana junction’, because this marks the place where India, Madagascar, Sri Lanka, East Antarctica and Australia were once joined together, forming the supercontinent, Gondwana. (credit:Bridget Liddell)
(03 of11)
Open Image Modal
Barapasaurus, India’s largest plant-eating dinosaur, lived approx. 176 million years ago. It measured around 18 metres and weighed about 7 tonnes—a 6-ft adult would only reach its thigh. It was displayed at the Indian Statistical Institute in 1977. (credit:Dmitry Bogdanov, Wikimedia Commons)
(04 of11)
Open Image Modal
This hot spring near Leh, Ladakh, is home to both the earliest sulphur anaerobes and oxygen-producing blue-green bacteria. These tough life forms have survived every extinction event since they evolved nearly 3 billion years ago. Should all life on Earth be wiped out, chances are that organisms like these will resume the process of evolution. (credit:Elroy Serrao)
(05 of11)
Open Image Modal
Nearly 300 million years ago, Mamal in Kashmir would have looked like this tree-fern forest of Arunachal. The Mamal forest was dominated by lycopod trees and could grow as high as 30ft but were still dwarfed by the 100ft-tall lycopods. Trees contributed to the Great Oxygen Event which helped life evolve on earth. (credit:Jahanu Sengupta)
(06 of11)
Open Image Modal
The Lonar crater was made by a meteor collision 50,000 years or so ago. A circular lake lies at the centre of the crater. Notice another small green lake to the right, close to the town, which was formed from a small portion of the meteorite, which disintegrated and fell here. (credit:NASA)
(07 of11)
Open Image Modal
Spectacular discoveries of dinosaur nest sites and eggs have been made across India, but principally in Gujarat, Madhya Pradesh, Maharashtra and Tamil Nadu. Dinosaur eggs clearly came in a variety of shapes and sizes. These are from Raiholi, Gujarat. (credit:Pranay Lal)
(08 of11)
Open Image Modal
Everest is seldom seen without its cover of snow. But it is only thenthat the famous yellow band is visible. The light-grey summit of the Everest contains fossils of small creatures that lived on a sea shore about 350 million years ago, but t now sit 8500 metres above sea level. (credit:Rajesh Pant)
(09 of11)
Open Image Modal
These Indian lizards lived 160 million years ago. Here two Indosuchus (right) have ganged up to ward off a challenge from the larger Rajasaurus (left). In the foreground, smaller Indosaurus feed on bits of flesh that they have stolen from the carcass of a juvenile Titanosaur. (credit:Sergey Krasovskiy)
(10 of11)
Open Image Modal
Ramanagara rocks, not far from Bengaluru, were formed around 2.5 billion years ago, and establish India as one of the oldest countries in the world. But the rocks are more famous for lending an eerie atmosphere to the Bollywood blockbuster Sholay. This was the perch of Samba, the henchman of the arch villain, Gabbar Singh! (credit:Tanmay Haldar)
(11 of11)
Open Image Modal
This image of the delta of the Ganga and Brahmaputra at the peak of monsoons, shows sediment a carried deep into the Bay of Bengal to form the Bengal Fans. Compared to other rivers, sediments deposited by the Bengal Fans are the thickest and largest in size, and extend several thousand kms. (credit:European Space Agency)
-- This article exists as part of the online archive for HuffPost India, which closed in 2020. Some features are no longer enabled. If you have questions or concerns about this article, please contact indiasupport@huffpost.com.