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SC pulls up CBI in Babri Masjid demolition
case
Thursday February 07, 2013 10:09:47 PM,
IANS
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New Delhi:
The Supreme Court Thursday pulled up the CBI for its submission
that BJP leader L.K.Advani and other party leaders present at
Ayodhya on Dec 6, 1992, had committed a "national crime" in the
conspiracy that led to demolition of the disputed Ram
Janmabhoomi-Babri Masjid structure.
Taking a dim view of the submission, a bench of Justice H.L. Dattu
and Justice Ranjan Gogoi said that the investigating agency should
not pre-judge the case till it was decided either way by the apex
court or the special court.
"Please don't call it a national crime or a matter of national
importance until we or the special court (trying the case) come to
a definite conclusion," Justice Dattu told senior counsel P.P.Rao,
who appeared for the Central Bureau of Investigation (CBI).
The court's response came during the hearing of a petition by the
investigating agency challenging the Allahabad High Court verdict
that discharged Bharatiya Janata Party (BJP) leader Advani, Shiv
Sena supremo Bal Thackeray and 19 others in the Babri Masjid
demolition conspiracy case.
The CBI again came in for drubbing for taking more than nine
months in moving the apex court to challenge the Allahabad High
Court verdict discharging Advani and other leaders of conspiracy
charge.
The probe agency had moved the apex court Feb 18, 2011, nearly
nine months after the Allahabad High Court May 20, 2010,
discharged Advani, Thackeray and 19 others of the charges of
criminal conspiracy in the demolition of the Babri Masjid.
"If you say that this is a case of national importance... can you
say that the translation of documents would take days together and
the filing of case will take months," Justice Dattu observed when
senior counsel Rao sought some more time.
The court read through its order sheets to show that the
investigating agency took three adjournments for filing documents.
"When you filed the first affidavit, court asked you to file a
better affidavit. You did it. Can we ask you to file another
affidavit to improve your case?" the court observed as Rao sought
some more time as he was appearing for the first time and had to
peruse the records.
Adjourning the hearing for a week, the court said that
investigating agency would not file any more documents except for
those relied on by the special CBI court and the high court in
arriving at their judgments. It directed the hearing of the matter
Feb 13.
The CBI in its appeal before the apex court said that the high
court verdict discharging Advani and others of the charge of
criminal conspiracy "is inconsistent with the previous judgment
rendered by the Allahabad High Court on Feb 12, 2001".
The Lucknow bench of the Allahabad High court by its Feb 12, 2001,
order had held that the trial court committed no illegality in
taking "cognizance of joint consolidated charge-sheet" and "all
the offences were committed in the course of the same transaction
to accomplish the conspiracy".
The high court order had noted that the "evidence for all the
offences was almost the same."
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