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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News Network
April 23,2024

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Hubballi, Apr 23: Karnataka Chief Minister Siddaramaiah on Tuesday spoke to father of slain student Neha Hiremath over phone and said "sorry" over his daughter's killing, and assured that "we will be on your side".

The Chief Minister also informed Niranjan Hiremath, who is also a Congress councillor of Hubballi-Dharwad Municipal Corporation, about the government's decision to hand over the murder case to the Criminal Investigation Department (CID) and setting up a special court to fast-track trial.

"Niranjan... very sorry. We will be on your side," Siddaramaiah told Hiremath over the phone call during state's Law and Parliamentary Affairs Minister H K Patil's visit to Hiremath's house here.

In the conversation on Patil's phone with speakers on, Siddaramaiah can be heard informing Hiremath about the CID probe and setting up a special court.

"It is a serious offence... setting up a special court will ensure punishment for the accused person."

Hiremath thanked Siddaramaiah on behalf of his family well-wishers and the community for handing over the case to CID and setting up a special court "...ensure there is an order at the earliest and provide us justice," he said, as he also thanked Patil, Home Minister G Parameshwara, local Congress MLA Prasad Abbayya and others for their support.

Replying to this, Siddaramaiah said, "We will ensure it, at the earliest."

In a shocking incident, Neha Hiremath (23), was stabbed to death on the campus of BVB College last Thursday. The accused Fayaz Khondunaik, who fled from the scene, was arrested by the police subsequently.

Neha was a first year Master of Computer Application (MCA) student and Fayaz was earlier her classmate.

Siddaramaih on Monday had announced his government has decided to hand over the investigation into the incident to the Crime Investigation Department, and to set up a special court for speedy disposal of the case.

The case of brutal murder, which sparked widespread outrage, has snowballed into a political slugfest between ruling Congress and opposition BJP.

While the ruling party has tried to project it as an incident with personal angle, the saffron party has called it a "love jihad" case and has said it's a testimony of deterioration of law and order in the state.

Earlier, Siddarmaiah's statement that the murder was due to "personal reasons" and Home Minister G Parameshwara's comments that the duo was in love, has elicited sharp reactions from Hiremath and family members and opposition parties.

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News Network
April 26,2024

A 91-year-old woman passed away minutes after casting her vote in Karnataka's Hunsur on Friday, April 26. Hunsur comes under Mysuru Lok Sabha constituency. Despite her advanced age, Puttamma exercised her democratic right.

Voting held on Friday in 14 constituencies in Karnataka. Polling began at 7 am and will ended at 6 pm.

Chende artiste Manohar dies 

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Chende artiste Manohar (58) died of cardiac arrest after exercising his franchise in Kodagu district.

He had cast his vote at B Shettigeri polling station in Ponnampet taluk. Later, Chende artiste Manohar (58) reportedly collapsed after coming out of the polling booth. Though he was rushed to hospital, doctors declared him brought dead.

Ponnampet Tahsildar Mohankumar said “Manohar had come out of the polling booth and collapsed 200 metres away from the booth.

For the uninitiated, Chende (also known as Chenda) is a cylindrical percussion instrument widely used in cultural events in Tulu Nadu of Karnataka and Tamil Nadu in India.

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News Network
April 24,2024

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Campaigning for 14 Lok Sabha seats in Karnataka going to polls in the first phase on April 26 will come to an end on Wednesday evening.

A total of 247 candidates -- 226 men and 21 women -- are in the fray for this round of voting in most of the southern and coastal districts.

It is a straight electoral contest between the ruling Congress and the BJP-Janata Dal (Secular) combine in the State.

While the Congress is contesting in all 14 seats, BJP has fielded nominees in 11, and its alliance partner JD(S) in three -- Hassan, Mandya and Kolar.

Besides the three, the segments where elections will be held on Friday are: Udupi-Chikmagalur, Dakshina Kannada, Chitradurga, Tumkur, Mysore, Chamarajanagar, Bangalore Rural, Bangalore North, Bangalore Central, Bangalore South and Chikkballapur.

The intense campaigning for the past about a month saw Prime Minister Narendra Modi and Home Minister Amit Shah leading from the front for the BJP, holding rallies and roadshows. BJP President J P Nadda, some Union Ministers and Goa Chief Minister Pramod Sawant too pitched in.

Veteran BJP leader and former Chief Minister B S Yediyurappa and the party's state president B Y Vijayendra also campaigned extensively.

Congress president M Mallikarjun Kharge, senior leaders Rahul Gandhi and Priyanka Gandhi, Chief Minister Siddaramaiah and Deputy Chief Minister D K Shivakumar and Telangana Chief Minister A Revanth Reddy were among the prominent names who led the charge for the party.

And for the JD(S), it was the 90-year-old party patriarch and former Prime Minister H D Deve Gowda and former Chief Minister H D Kumaraswamy, who led the campaign.

Chikkaballapur has a maximum number of 29 candidates, followed by 24 in Bangalore Central and Dakshina Kannada has the least number - nine.

Kumaraswamy from Mandya, his brother-in-law and noted cardiologist C N Manjunath from Bangalore Rural on a BJP ticket, erstwhile Mysuru royal family scion Yaduveer Krishnadatta Chamaraja Wadiyar from Mysore, also from the BJP, and state Congress President Shivakumar's brother and MP D K Suresh from Bangalore Rural, are among the prominent candidates in the fray in the first phase.

The state has a total of 28 Lok Sabha segments. The remaining 14 constituencies, mostly in the northern districts, will go to polls on May seven.

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