Shailesh Kumar: Strategic Alarmist & National Interest Crusader

Babri Demolition: Justice waits for 22 Years; CBI Chargesheet Was In 9 Months

Shailesh Kumar05 December 2014

Babri Structure Demolition 06 December 1992
Photo courtesy: Frontline

“… accused Ms. Uma Bharati had shouted on 6.12.92 at Ram Janam Bhoomi, Ayodhya “Ek Dhakka Aur Do, Babri Masjid Tod do” and she had also advised the kar sevaks to demolish the disputed structure and shouted “Masjid Girao- Mandir Banao, Babar Ki Aulad Ko Pakistan Bhagao”, “Jinnah Bole Jai Sri Ram”, etc. On 5.12.92 she had told that kar seva will not mean only bhajan and kirtans, but start of the construction of temple. Ek Ek Eint Prasad Kay Tor Per Lay Jao”. And “Babar Bolo Jai Sri Ram- Mecca Bolo Jai Sri Ram”, and that the Supreme Court had not told them not to demolish but only not to do construction work and hence they are removing the black spot from the nations forehead. She had also said “Ram Naam Satya Hai, Babri Masjid Dhwasth Hai…”, the investigating agency CBI accused Uma Bharati in its chargesheet filed on 4^th October 1993 in Babri Demolition case. Uma Bharati is now a cabinet minister in Government of India led by Narendra Modi. Twenty two years on, Uma Bharati along with 34 others still faces prosecution while the fate of other 13 accused is lingering in Supreme Court, who is yet to decide on the SLP filed by CBI.

CBI Chargesheet in Babri Demolition Case (Exclusive)

“… it was on 6.12.92 that Shri l.K. Advani in a public speech in the proximity of the disputed structure shortly before the actual demolition of the disputed site amongst other facts duly projected by him had also emphasized that “Aaj Kar Seva Ka Aakhiri Din Hain, Kar Sevak Aaj Aakhiri Kar Seva Karenge”. When the demolition of disputed structure was in progress, he also told that the Central Forces were moving from Faizabad towards Ayodhya, but they were not afraid of it and instructed the public to block the National Highway straight away so that forces do not reach Ram Janam Bhoomi. The investigation also disclosed that as and when demolition was in progress, Shri  LK Advani in fact advised the Chief Minister of Uttar Pradesh, Shri Kalyan Singh not to tender his resignation to the Governor of UP till the demolition of the disputed structure stands completed”, reads another para in chargesheet making another senior leader of BJP as an accused. The charges were framed barely 9 months after  UP Government transferred the Babri Masjid demolition case to CBI. The investigating agency had registered the FIR on 13^th December 1992.

Uma Bharti (in circle) with Prime Minister Narendra Modi
Photo (Edited) Courtesy: Indian Express

BJP leader Advani, who allegedly delivered provocative speech was at Ramkatha Kunj Manch, 175 meters away from the disputed structure on 6^th December 1992, 22 years back when Babri Masjid was hammered to ruins by thousands of Karsevaks, who thronged Ayodhya from across the country. Despite best of CBI’s efforts, LK Advani and 7 other top leaders accused of Babri masjid demolition could not be charged with criminal conspiracy to demolish a religious structure. CBI was stone walled time and again in its efforts to lebel charges under 120B, 295, 295A IPC against VVIPs Lal Kishan Advani, Ashok Singhal, Vinay Katiyar, Uma Bharti , Sadhvi Ritambhara, Murli Manohar Joshi, Giriraj Kishore, Vishnu Hari Dalmiya, who face charges u/s 153A, 153B, 505, 147, 149 IPC only.

Lal Krishna Advani, Senior BJP Leader
Photo Courtesy: Deccan Chronicle

“That it is further revealed from investigation that Shri. Moreshwar Save wrote a letter dt. 10.07.92 to accused Shri L.K. Advani congratulating him on the start of construction of Shri Ram temple in Ayodhya on 9.7.92 and stated that it would be considered as an important step in the history of India towards establishment of Hindu Rashtra. He also mentioned that they have to oppose the forces which are against the Hindu Rashtra, Hindutva and construction of Shri Ram temple at Ayodhya and promised all assistance for liberation of the other two Hindu temples at Mathura and Kashi besides Shri Ram temple. Shri L K Advani, vide a letter dated 20.07.1992, acknowledged receipt of the letter and wrote “Ayodhya me Ram Janam Bhumi Mandir nirman ke shubharambh per prasannatha vyakth karthe huye aap dwara  preshit badhayi aur shubkamnavon ke liye abhari hoon” , the CBI investigator further revealed in the chargesheet.

Supplementary Chargesheet Filed By CBI (Exclusive)

Moreshwar Save then was the Shiv Sena MP. CBI maintains that in the meeting of Shiv Sena chiefs held on 30^th November and 1^st December at the residence of Moreshwar Save, MP, it was decided to demolish the disputed structure on 6^th. In the press conference, after the meeting, Save and Satish Pradhan, MP said that they will go to Ayodhya with construction material. In the press release they said that under the leadership of Shri Thackeray, they will construct Ram temple at the garb grih and will do any sacrifice. 

Moreshwar Save and Satish Pradhan are amongst those 13 who went scot-free and did not face the trial at all.  Others who were exempted from trial by  an order of Special Judge, Lucknow Court were: Bala Saheb Thackeray, (Expired), Kalyan Singh, former Chief Minister, Champat Rai Bansal, VHP leader, Mahant Avaidhya Nath, the then MP, BJP, Ram Vilas Vedanti, VHP leader, Dharam Das, VHP leader, Mahant Nritya Gopal Das, Vice President of RJB Nyas,  Mahamandaleshwar Jagdish Muni Maharaj, BJP MLA, Baikunth Lal Sharma @ Prem, BJP MP, Paramhans Ramchandra Das, President RJB Nyas, Dr. Satish Kumar Nagar, Shiv Sena leader. (Jagdish Muni, Paramhans Ramchandra Das, Bal Thackerey and Satish Nagar have since expired)

Allahabad HC
Photo Courtesy: Internet

There were two FIRs in Babri demolition case, 197/ 92 and 198/92.  FIR 197/92 registered after demolition on 6^th December 92 at 5:15 pm was regarding demolition. Another FIR 198/92 was registered just 10 minutes after filing the first FIR by Ramjanm Bhoomi Police Station. The second FIR was regarding provocative slogans by 8 person including Advani, Joshi, Vinay Katiar, Uma Bharti, Sadhvi Ritambahara and Ashok Singhal VH Dalmia & Giriraj Kishore under section 153(a) 153(b), 505 of IPC. While interpreting High Court’s earlier order on consolidated chargesheet in all 49 cases dated 12^th February 2002, the then Special Judge, Lucknow Sreekant Shukla, passed order dated 4^th May 2001, completely analyzing crime No. 198/92, the FIR, evidence, accused etc. and dropped proceedings against 21 accused persons including the 8 named in the FIR stating that it is a case of conspiracy in which leaders are involved and crime No. 197/92 is against karsevaks who demolished the structure and there are 2 cases-one against the abettors and conspirators and the other against the karsevaks.

However, CBI maintained that this decision was erroneous and as per High Court Order, Lucknow court did not had jurisdiction in Crime number 198/92. So CBI had moved to Allahabad High court’s Lucknow bench and filed Criminal Revision Petition on 19^th June 2001 inter-alia on the grounds that the trial court should have kept the offences u/s 153A, 153B,505 IPC against the 8 named accused including Advani and should have framed charges u/s 120B, 295,295A IPC against them and for all offences against the accused and conducted the trial. The investigating agency also maintained that dropping charges against 13 more leader accused is illegal and bad in law.

Supreme Court of India
Photo Courtesy: Internet

After 9 long years, on 20^th May 2010, High Court decided on the matter and agreed that there were two places and two set of accused ratifying the earlier decision of Lucknow Special Judge. Against this order of High Court, the CBI has filed a Special Leave Petition (SLP) in Supreme Court in on 9^th February 2011. It’s been over three years, the apex court is yet to place verdict on SLP. The last hearing on SLP in SC was in October 2014 and the Supreme Court fixed next hearing on SLP for March 2015. This is how the Babri demolition case is lingering on in courts for 22 years when a High Court takes 9 years to decide on a Revision Petition and the Supreme Court of the country over three years still pending decision on a SLP.

Mayawati Tried Saving Her Arch Rivals in Babri Demolition Case!

Shailesh Kumar

05 December 2014

Km. Mayawati, BSP Supremo & Ex CM, Uttar Pradesh

September 2002: BSP Supremo Mayawati was the Chief Minister of Uttar Pradesh but owed a lot to her now arch rival BJP. Her Government hinged on the support of BJP. She paid back by refusing a notification to cure a legal defect which came in the way of forming consolidated chargesheet against 8 VVIP accused including BJP Senior leader LK Advani in Babri Masjid demolition case.

CBI in its investigation found that provocation from the manch, rioting, storming and demolition and attack on media persons etc. offences formed part of the same transaction taking into consideration the continuity of acts, proximity of time and unity of purpose and therefore these offences covered under 49 separate FIRs cannot be separated from one another and therefore the CBI filed a consolidated charge sheet in all the 49 cases, on 5^th October 93 in the Lucknow court, for offences u/s 120 B ,153A, 153 B, 505, 295,295A,147 IPC and 21 were also charged for offence u/s 332,338,201, 395 IPC for the demolition etc. DM and the SSP were charged for abetment of offences u/s 153A, 295, 295A, 505, 201 IPC read with 114 IPC. After further investigation, a supplementary charge sheet was filed against 9 more accused (10^th January 1996). The Special Judge at Lucknow vide order dated 9^th September 1997, having found a prima-facie case, ordered for framing of charges of criminal conspiracy etc. against all the 49 accused. Nobody was discharged. Against this, 33 accused filed revision petitions in the High court.

In the Rae Bareli court, the fixed date was 18^th October 1993 when the court asked the CBI to file a report in writing on 6^th December 1993, when it was informed that the CBI has filed a combined charge sheet in all the cases in the Lucknow court. Accordingly, a report was filed. On 24^th January 1994, the said court sent the case records of crime No. 198/92 to the Lucknow Court.

The High court vide judgment dated 12^th February 2001 by Justice Bhalla upheld the consolidated charge sheet and that the offences cannot be separated and all offences were made out against the accused. However, it was held that the notification dated 8^th October 1993 entrusting crime No. 198/92 also to the Lucknow court was defective as there was no consultation with the High court for issuing that notification and therefore all proceedings in crime No. 198/92 under section 153 A, 153 B, 505 IPC were illegal and without jurisdiction but this defect may be cured by the State Government by issuing a fresh notification.

Interpreting this order, the then Special Judge, Lucknow, Sreekant Shukla, passed an order dated 4^th May 2001, completely analyzing crime No. 198/92, the FIR, evidence, accused etc. and dropped proceedings against 21 accused persons including the 8 named in the FIR stating that it is a case of conspiracy in which leaders are involved and crime No. 197/92 is against karsevaks who demolished the structure and there are 2 cases-one against the abettors and conspirators and the other against the karsevaks. CBI wrote to the State Govternment on 16^th June 2001 to rectify the defect.

Against the above order dated 4^th May 2001, the CBI filed a revision in the High court on 19^th June 2001 inter-alia on the grounds that the trial court should have kept the offences u/s 153A, 153B,505 IPC against the 8 named accused and should have framed charges u/s 120B, 295,295A IPC against them and for all offences against the accused and conducted the trial and dropping 13 more leader accused is bad in law.

Against High court order dated 12^th February 2001, Mohd. Aslam @ Bhure filed SLP in the Supreme court. While it was pending, the State Government vide letter dated 28^th September 2002 to CBI refused to rectify the defect in the notification and also got a notification issued by the High court dated 28^th September 2002 appointing a Presiding officer to the Rae Bareli court which was not functioning since January 1994. On this, the Supreme Court vide order dated 29^th November 2001 dismissed the SLP filed by Mohd Aslam stating that for crime no.198/92 a court exists. Review petition was dismissed on 22^nd March 2007 and Curative petition was dismissed on 12^th February 2008. So the Mayawati Government in 2002 not only refused to act against the 8 VVIP accused but the Government action help in dismissal of SLP filed by Mohd Aslam @ Bhure.

"I built this building on the order of my kind Babur for angels": Mir Baki, commander which placed Partian Marble which enshrined markings was also stolen and the 21 accused have been facing charges under section 395 IPC.