New Delhi: The CBI has moved the Supreme
Court challenging an Allahabad High Court order that dropped
charges of criminal conspiracy against top BJP leaders
including L K Advani and Murli Manohar Joshi in the Babri
Masjid demolition case.
In its appeal, the agency said that the High Court had
not come to the right conclusion and the charges of criminal
conspiracy should be restored against them.
The High Court had on May 20 last year dismissed the CBI
plea seeking revival of criminal conspiracy charges against
top BJP and Sangh Parivar leaders which also included
Ashok Singhal, Giriraj Kishore, Vinay Katiyar, Vishnu Hari
Dalmiya, Sadhvi Rithambara and Mahant Avaidya Nath.
The other leaders were former Madhya Pradesh Chief
Minister Uma Bharti and former Uttar Pradesh Chief Minister
Kalyan Singh, besides Shiv Sena chief Balasaheb Thackeray.
In his 44-page judgement, Justice Alok Kumar Singh of the
Lucknow bench of the High Court had said there was no merit in
CBI`s revision petition challenging the May 4, 2001 order of
the special court which directed dropping of criminal
conspiracy charges against them.
There are two sets of cases -- one against Advani and
others who were on the dais at Ram Katha Kunj in Ayodhya on
December six, 1992 when the Babri Masjid was demolished, while
the other case was against lakhs of unknown `kar sevaks` who
were in and around the disputed structure.
Upholding the 2001 order of the Special CBI Court,
Justice Singh had said, "Nothing is found against the
correctness, legality, propriety or regularity in respect of
any of the findings of the lower court."
All the 21 were charged under sections 153A IPC
(promoting enmity between classes), 153B (imputations,
assertions prejudicial to national integration) and 505 (false
statements, rumours etc circulated with the intent to cause
mutiny or disturb public peace).
The judge had noted that the CBI filed supplementary
charge sheet in May 2003 against Advani and seven other
leaders adding sections 147 IPC (rioting) and 149 (unlawful
The trial in this case is proceeding in a Rae Bareli
While dismissing the CBI petition, the judge had said,
"There is no embellishment in the impugned order dated May 4,
2001 either on factual or legal matrix. Hence there is no
occasion for this court to make any interference in the