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
May 7,2024

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Bengaluru: JD(S) leader H D Kumaraswamy has claimed that 25,000 pen drives with videos of women being sexually abused allegedly by his nephew, Lok Sabha election candidate Prajwal Revanna, were distributed before polls, and accused Chief Minister Siddaramaiah and his deputy D K Shivakumar of a conspiracy.

The former chief minister also sought to discredit the Special Investigation Team (SIT) formed by the Congress government on April 28 to probe the charges against Prajwal of sexually abusing several women after videos allegedly involving him started making the rounds on social media.

"It is not a Special Investigation Team but 'Siddaramaiah Investigation Team' and 'Shivakumar Investigation Team'," the JD(S) second-in-command, who is the son of party supremo and former prime minister H D Deve Gowda, said.

MLA H D Revanna and his son and Hassan MP Prajwal have been booked for allegedly molesting their cook. In another case, Revanna has been booked and arrested for allegedly kidnapping a woman who was allegedly sexually assaulted by Prajwal. A case of rape has also been registered against Prajwal.

Addressing a press conference here, Kumaraswamy said the pen drives were circulated by police officers who were "threatened to do it".

“It (pen drive carrying videos) was released in Bengaluru Rural constituency (where the Congress candidate in the Lok Sabha elections is D K Suresh, who is the brother of Shivakumar). This was an April 21 development. On April 22, Poornachandra, our polling agent, gave a complaint to the District Deputy Commissioner, who is the Returning Officer,” the JD(S) leader said.

“Poornachandra received a message at 8 pm on April 21 asking people to 'follow a WhatsApp channel to see Prajwal Revanna’s sleaze video'. There was a message on this WhatsApp channel, 'Countdown for the release of Prajwal’s sleaze videos'," Kumaraswamy further said.

According to Kumaraswamy, one Naveen Gowda had sent the message about the "countdown".

In his complaint to the Deputy Commissioner and the Superintendent of Police of Hassan district, Poornachandra has named five people including Naveen Gowda, Karthik Gowda (Revanna’s driver), Chethan and Puttaraju alias Putty, he said.

It has been more than a fortnight since the complaint made on April 21 but no action has been taken against these five people, Kumaraswamy said and demanded that they should first be arrested for "mortgaging the modesty" of women in the videos.

Kumaraswamy alleged that 25,000 pen drives were distributed in the entire state, and cited a report in a regional daily to support his claim.

“My question here is why no action was taken. If someone posts something on social media, immediately houses are searched and the person is made to sit in the police station. Why no action was taken against these five people despite a complaint?” he asked.

"Chief Minister Siddaramaiah had confidently said that all the three JD(S) candidates in the Lok Sabha elections will be defeated," Kumaraswamy said, adding, "It raises doubts about the involvement of many people."

On April 25, Karnataka State Commission for Women Chairperson Nagalakshmi Chowdhary wrote to Siddaramaiah demanding an SIT probe into the tapes where Prajwal is allegedly seen sexually abusing several women. The same night, the CM gave his nod and ordered the formation of a SIT, Kumaraswamy said.

“In that letter, Nagalakshmi Chowdhary did not mention the name of Prajwal or Revanna but the chief minister called it ‘Prajwal Revanna’s explicit videos’ in his post on X when he announced the formation of SIT. This shows how the conspiracy was hatched,” the JD(S) leader claimed.

He also alleged that the first complaint "framing" his brother H D Revanna and nephew Prajwal was typed on a computer in Bengaluru and was sent to Holenarasipura, which is represented in the Karnataka Legislative Assembly by Revanna, on April 28.

“It’s not a Special Investigation Team but there are two teams within it – one is ‘Siddaramaiah Investigation Team’ and another one is ‘Shivakumar Investigation Team’,” he charged.

He said the ‘convenor’ of the 'pen drive story', Karthik Gowda should be traced first and brought before the people.

“Going through the conspiracies, one can doubt the intention behind the investigation because more than protecting the women victims, you are limiting the scope of the probe only to defame people,” Kumaraswamy further alleged.

He underlined that he was not trying to protect anyone. “I have said that in this case I will not protect anyone doing wrong. Stringent punishment should be given to the person involved in this crime as per the law of land."

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News Network
May 14,2024

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Mangaluru, May 14: The Met department has sounded a yellow alert in 13 districts of Karnataka including the three coastal districts of Udupi, Dakshina Kannada and Uttara Kannada for next four days. 

The other districts are Belagavi, Dharwad, Haveri, Chikkamagalur, Chitradurga, Hassan, Kodagu, Mandya, Ramanagara, Shivamogga. These districts are expected to received 6-11 cm of rain, the department said.

On Monday Dakshina Kannada and Udupi experienced a monsoon-like atmosphere. Rain, accompanied by thunder and lightning, began in most parts on Sunday evening. In Udupi, rain showered in the early hours of Monday. While Kundapur and Udupi received moderate rains, Karkala experienced a heavy downpour.

The showers lowered the daytime temperature in both districts. Light rain fell in Mangaluru and its outskirts early Monday morning. Mangaluru city recorded a maximum temperature of 33.4°C and a minimum of 23.2°C on Monday. This is expected to decrease by two to four degrees in the next four days, according to the weather department. 

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News Network
May 18,2024

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Bengaluru: Karnataka Deputy Chief Minister D K Shivakumar and other state ministers on Saturday rubbished allegations about their role in the circulation of pen drives containing explicit videos involving Hassan MP Prajwal Revanna.

BJP leader and advocate G Devaraje Gowda, who is in custody after being arrested in a sexual abuse case and is also facing charges of video leak, on Friday alleged that Shivakumar and four other ministers are behind the circulation of the pen drives and was being fixed in false cases as he did not agree to be part of their plan.

He has even alleged that he was offered Rs 100 crore by Shivakumar to "bring a bad name" to the BJP and Prime Minister Narendra Modi, and to tarnish the image of JD(S) leader H D Kumaraswamy in Prajwal Revanna's obscene video case.

Speaking to reporters here, Shivakumar said, "Better, let him (Gowda) file a case before Lokayukta or any other agency. I think he has some problems mentally. I'm very sorry, the national and state media shouldn't have picked up such baseless allegations. A person who is in jail, how can he make such allegations? All these are baseless. I don't want to comment." 

Asked if he will be filing any defamation case against Gowda, he said, "I don't want to make any comment or speak on a person who is mentally sick. I appeal to his party people to get him a good treatment." Shivakumar also asserted that his government's commitment to get justice for women victims of the sexual abuse case, and expressed confidence about the Special Investigation Team's (SIT) ongoing probe.

While being taken from court in Hassan, Gowda on Friday spoke to media and alleged that Shivakumar is behind pen drive case, and a team of four Ministers -- N Chaluvarayaswamy, Krishna Byre Gowda, Priyank Kharge and another minister -- was formed to handle this, with an intention to bring bad name to BJP, PM Modi and Kumaraswamy.

He said Shivakumar had asked him to say that Kumaraswamy is behind the distribution of pen drives, but as he did not agree to it, he is being fixed in false cases.

Minister Priyank Kharge said Gowda has alleged that three responsible ministers in the state government were part of a team and that there was a conspiracy. "We will discuss whatever legal course, we will take it." 

"Devaraje Gowda might be doing this to defame Shivakumar and Siddaramaiah. If he had a Rs 100 crore offer, he should have told Amit Shah (Union Home Minister) and get it investigated. He could have got CBI, ED, or IT raids done. Why didn't he do it? Claims have been made that he (Gowda) was sent Rs 5 crore as advance at a club, let them get CCTV footage and see who were all there," Kharge said.

While speaking to reporters here, he further said Gowda is a lawyer. When he was deposed before the Judge he should have told about the documents he has and should have presented to the court.

Minister Chaluvarayaswamy said allegations about the role of Shivakumar and a team of ministers being formed to oversee the circulation of pen drives are 'baseless', and he questioned Gowda's morality to make such accusations.

"If Gowda proves that Chaluvarayaswamy, Priyank Kharge and Krishna Byre Gowda had held a meeting on this case and we as a team were given responsibility and we were involved in this case, I will apologise," he said and alleged that Gowda was being used to mislead and deviate from the main case of sexual abuse.

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