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.

babri

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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News Network
May 10,2024

mustafapaichar.jpg

Mangaluru, June 10: The National Investigation Agency (NIA) has arrested another prime accused in 2022 BJP Yuva Morcha worker Praveen Nettaru murder case. 

32-year-old Jilla BJP Yuva Morcha committee member Nettaru was hacked to death in front of his broiler shop in Bellare of Dakshina Kannada by bike-borne miscreants in July 2022. The case is being investigated by the NIA and several arrests have been made so far.

Mustafa Paichar, accused number four in the case, was absconding after the murder and the NIA had declared a Rs 5 lakh reward to catch him. 

He was arrested at Sakleshpur in Hassan district by the NIA team led by Inspector Shanmugam. 

According to officials Mustafa was reportedly a member of now banned Popular Front of India and a resident of Shantinagar in Sullia in Dakshina Kannada.

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May 12,2024

Mangaluru, May 12: In a shocking development, a group of pilgrims which had travelled from Mangaluru International Airport to Saudi Arabia earlier this month, to perform Umrah has alleged that 26,432 Saudi Riyals, which were kept in a bag, have been stolen. 

In a complaint submitted to the Bajpe Police, Soukath Banu, wife of Ahmed Iqbal of Ajyad Tours and Travels, said that her husband, Ahmed Iqbal, along with 35 members, planned and scheduled to perform the Umrah and were travelling from Mangaluru International Airport (MIA) via Mumbai to Jeddah. 

Soukath Banu had given Ahmed Iqbal 2,000 Saudi Riyals for performing Umrah and other expenses. The group members were also told to bring Saudi Riyals to meet their expenses.

In her plaint, Soukath stated that the group had left for Jeddah on an IndiGo flight via Mumbai, and their return ticket to India was booked for May 13. 

At the airport, she said that 26,432 Saudi Riyals were collected in total, and they decided to keep them in baggage that had a lock. Accordingly, it was kept in the bag of Mohammad Badruddin Kadambar. The airport staff had even questioned what he had kept in the bag. 

The group reached Jeddah on May 1. To their surprise, Kadambar found that the baggage lock was broken open, the zip was damaged, and cash was stolen upon reaching Jeddah.

DCP (Law and Order) Sidharth Goyal said that following the complaint, one round of CCTV checks was conducted at the MIA along with the CISF personnel. The loading at the MIA was intact.

Further checks have to be carried out at Mumbai and Jeddah Airport as the victim found out that cash was missing only when they got the bag at the final destination, he added.

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May 6,2024

Bengaluru, May 6: Arrested JD-S MLA H.D. Revanna, the son of former PM H.D. Deve Gowda, on Sunday said that there is no evidence against him in the sex video scandal kidnapping case and that it was a "conspiracy" against him.

Talking to the media, while being taken for a medical test before being produced in front of a court here, Revanna stated that a kidnapping case had been lodged against him though he does not have 'one black mark' against him in his entire career of 40 years.

"Without evidence, I have been targeted... All allegations against me are false. My arrest has been made out of ill intention," he claimed.

"The case was lodged on April 28, then, they did not have any evidence. Later, the fake evidence was created on May 2 and I was fixed," he alleged.

Home Minister Dr G. Parameshwara stated on Sunday that a Blue Corner notice has already been issued against Revanna's son and MP Prajwal Revanna, the prime accused in the sex video scandal, as he is believed to be abroad.

"The Interpol will communicate to all nations and he will be located. Once he is located, the SIT will take a call on how he should be secured and brought back to India," he added.

Revanna was arrested on Saturday on charges of kidnapping one of the victims of the sex video scandal.

Parameshwara further maintained that the arrest of Revanna has saddened JD-S leaders and if action was not taken, the SIT would be blamed too.

Meanwhile, Congress President Mallikarjun Kharge refused to comment on the alleged sex video scandal involving Prajwal Revanna.

About Revanna's arrest, he said that the SIT would initiate action as per the law. "Those indulging in such acts must be taught a lesson and justice should be given to the families of victims. No one can escape the law. No one should use this case politically," he stated.

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