Babri demolition: SC restores criminal conspiracy charge against BJP leaders

April 19, 2017

New Delhi, Apr 20: The Supreme Court on Wednesday ordered that senior BJP leaders L K Advani, Murli Manohar Joshi and union minister Uma Bharti face criminal conspiracy charges for their role in the 1992 Babri Masjid demolition case.

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The apex court observed that the case shook the secular fabric of the Constitution 25 years ago. The top court also stated that the accused could not be tried because of “technical defects” and the conduct of the CBI and the Uttar Pradesh government.

A bench of Justices P C Ghose and R F Nariman ordered the separate trials being conducted in trial courts at Raebareli and Lucknow to be clubbed and conducted in the capital of Uttar Pradesh. It directed completion of the trial in two years.

There will be no fresh trial because of framing of conspiracy charges against the senior BJP leaders, the court said. However, the Lucknow court would face an onerous task because of about 800 witnesses in the case.

Abetment charge

Allowing the CBI's plea, the bench directed, “The court of sessions (Lucknow) will frame an additional charge under Section 120-B (of the IPC) against Advani, Vinay Katiar, Uma Bharti, Sadhvi Ritambara, Joshi and Vishnu Hari Dalmia.”

Former Uttar Pradesh chief minister Kalyan Singh could be spared for now for being the Rajasthan governor.

He enjoys immunity under Article 361 of the Constitution as long as he holds Governor's office. The sessions court will frame charges and move against him as soon as he ceases to be governor, the apex court said.

In a strong observation against the CBI, the bench said, “In the present case, crimes which shake the secular fabric of the Constitution of India have allegedly been committed almost 25 years ago.”

The accused have not been brought to book largely because of the conduct of the CBI in not pursuing the prosecution of the alleged offenders in a joint trial, and because of technical defects, which were easily curable, but not cured by the state government,” it said.

The bench rejected the plea of Advani and others that the court should not exercise its jurisdiction under Article 142 to order transfer of the pending matter before the Raebareli court to the Lucknow sessions court. “Almost 25 years have gone and yet we are solemnly reminded that Respondent Nos 4 and 5’s fundamental rights (of fair trial) should not be curtailed by any order passed under Article 142,” the bench said.

Daily trial

The Lucknow court was directed to conduct proceedings on a day-to-day basis until the conclusion of the trial. “There shall be no transfer of the judge conducting the trial until the entire trial concludes. The case shall not be adjourned on any ground except when the sessions court finds it impossible to carry on the trial for that particular date. In such an event, on grant of adjournment to the next day or a closely proximate date, reasons for the same shall be recorded in writing.”

The court also directed the CBI to ensure some witnesses were examined on every date of the hearing.

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April 13,2024

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Mangaluru: After as the state health ministry issued guidelines to the public in view of a heatwave, the health department in Dakshina Kannada has advised people to be cautious about the impact of heatstroke, including heat rash, heat edema, heat cramps, heat tetany, heat syncope, and heat exhaustion.

Dakshina Kannada district nodal officer for climate change, Dr Naveenchandra Kulal, said that the impact of heat-related illness can also be found in the district, when there is a variation of about 4.5⁰C from the normal temperature.

Dr Kulal told media persons here on Friday, that the impact of heat-related illness is not confined to Raichur, Kalaburagi, and other North Karnataka districts.

“Those who reside inside tin sheet houses and closed environments are likely to suffer from heatstroke. People should hydrate themselves by drinking more water and avoid working under the direct Sun. Heat exhaust fans can be used. Though no heatstroke cases have been reported in the district, any negligence may cause heatstroke,” he said. 

DHO Dr Thimmaiah HR said that hotels and restaurants should supply boiled water, and they should clean the overhead tanks once every three months. The filter of drinking water units should be cleaned frequently, he said.

He also directed paying guest accommodations to supply fresh food to inmates.

“We have received complaints of many paying guest accommodations serving sambar cooked the previous day to inmates. Stale food should be avoided, as there are chances of food contamination. Plastics should be avoided while packing food in hotels. As per the Food Safety and Standards Authority of India (FSSAI) guidelines, the use of plastic to pack hot food is restricted,” the DHO said.

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April 13,2024

Mangaluru, Apr 13: Prime Minister Narendra Modi is all set to campaign for the upcoming and much awaited Lok Sabha election in coastal Karnataka by holding a mega roadshow in Mangaluru. 

Meanwhile, the organisers have announced a slight delay in the commencement of Modi's scheduled roadshow on April 14 in Mangaluru.

Addressing the media BJP principal secretary and Karnataka MLA V Sunil Kumar said: Originally the roadshow was scheduled to begin at 5 pm., but it will start at 7:30 pm."

As planned, the Roadshow will kick off from Narayan Guru Circle, where Prime Minister Modi will pay floral tribute to Sri Narayan Guru idol. From there, the Roadshow will proceed and conclude at Navabharat Circle. 

Mr Kumar urged people traveling to Mangaluru to see Mr Modi's visit by 7 p.m. and stand behind the barricades. The roadshow is estimated to conclude at 8:30 pm.

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April 13,2024

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Mysuru, Apr 13: Karnataka Chief Minister Siddaramaiah said that Prime Minister Narendra Modi, who will be visiting Mysuru on Sunday, is welcome in the state.

"Let him come and go. He is the PM. But he should tell people about what he has done to the people of Karnataka. Let him answer about the injustice done by the Union Government towards the state in terms of giving tax share, not releasing drought relief funds yet and also about the unemployment issue," he said.

The Chief Minister was speaking to media people near his residence at Sharadadevi Nagar in Mysuru on Saturday.

Reacting to a question on BJP's slogan, 'Teesri Baar Modi Sarkar, Ab Ki Baar Char Sau Paar' (Modi government for the third time with over 400 seats), CM Siddaramaiah said, "This slogan is only a strategy to divert the minds of people. Because, according to me, the NDA will not get an absolute majority/simple majority this time in the Parliament elections."

"I.N.D.I.A. bloc and the parties which are against BJP will get a majority in the Lok Sabha polls," he said.

Responding to the statement of BJP leaders that 'even if B R Ambedkar comes, the Indian Constitution cannot be changed', Siddaramaiah said, "BJP is always against the Indian Constitution. Savarkar and the second Chief of RSS M S Golwalkar both opposed the Indian Constitution written by Baba Saheb B R Ambedkar on January 26, 1950."

"When BJP MP Ananth Kumar Hegde spoke about changing the Indian Constitution twice, why wasn't he punished? Why wasn't he suspended from the party? Why didn't they drop him from the cabinet?"

"Hegde was not given a ticket for the LS polls, as he had not done any work in the five years and was only active for the last three-four months of his term. The reason Hegde was not given a ticket was because BJP had realised that he would lose the elections, and not because of his statement related to the Constitution" the Chief Minister said.

Meanwhile, regarding the nabbing of the two key suspects in the Rameshwaram Cafe blast case in Bengaluru, Siddaramaiah said, "I thank the National Investigation Agency (NIA) and also the Karnataka police for tracing and arresting the accused in the case, in Kolkata."

"They will be brought to Bengaluru and further information related to the case will be known after their interrogation," he said.

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