New Delhi: CBI has told the Supreme Court that the trial of BJP leader LK Advani in the Ayodhya demolition case has to be carried on without dropping the conspiracy charge against him as the razing down of the medieval monument was part of a "single larger conspiracy".
The agency, in its recent affidavit, opposed the separation of trial of eight accused leaders -- Advani, Murli Manohar Joshi, Uma Bharti, Vinay Katiyar, Ashok Singhal, Giriraj Kishore, Vishnu Hari Dalmiya and Sadhvi Rithambara -- from 41 others, mainly kar sevaks, allegedly involved in the demolition of the disputed structure on December 6, 1992.
It said separation of the trial, which has found favour with the trial court and the Allahabad High Court, is "totally erroneous".
CBI has challenged the May 20, 2010, order of the High Court dismissing its plea against dropping of the conspiracy charge against Advani and also upholding separation of his trial from those charged with actual demolition and assault on mediapersons.
Two separate FIR were registered on the December 6, 1992
incident with the first pointing towards the alleged involvement of kar sevaks in the demolition of the structure while another was against eight leaders of BJP, VHP and RSS for giving allegedly provocative speeches and slogans from a stage 175 meters away from the disputed site.
"The investigation conducted by CBI in all 49 cases (lodged on the incident) had disclosed that there was a single general conspiracy by all the 49 chargesheeted accused to demolish the disputed structure on December 6, 1992.
"Each of the accused participated and facilitated the achievement of the object of the said criminal conspiracy. Shouting of provocative slogans and on December 6, 1992, training of kar sevaks for demolition and assault on media persons during the process of demolition on instructions from the `manch` not to allow recording of what was going on, all formed part of the criminal conspiracy and all offences were part of the same transactions," the agency said.
CBI said "Thus in the interest of justice, it is just
and proper that all the accused involved in the criminal conspiracy to demolish the structure performed various acts to achieve the objects of the said conspiracy but either not being charged for all the offences like 120 B (criminal conspiracy), 295 (injuring or defiling place of worship with intent to insult a religion), 295 A (deliberate and malicious acts intended to outrage religious feelings) or not facing trial at all for the offences on account of dropping of the proceedings are tried in court of Special Judge at Lucknow".
The agency said the eight leader named in the second FIR, including Advani, "made provocative slogans from the manch causing the assembly to turn unlawful, resulting in rioting and storming of the structure by the kar sevaks".
"As and when the domes fell, the accused leaders and others on the manch celebrated the same by clapping, hugging each other and distributed sweets etc on the manch which was at a visible distance of about 175 meters from the disputed structure," CBI said.
"The assault on mediapersons who were videographing or taking photographs when the demolition was going on and provocative slogans made from the manch is part of the conspiracy," it added.
CBI said it was possible to separate the accused persons from the two FIRs because some of them did not have a "personal hand in the actual demolition" of the disputed structure.
Seeking the trial of Advani and seven other leaders along with other Kar sevaks, CBI said "the bifurcation which had been attempted by the trial court and which has found favour with the High Court is completely erroneous in law".
The two FIRs were lodged on December 6, 1992, the first being against unknown kar sevaks and another one against Advani and seven other leaders.
On December 12, 1992, CBI took over the investigation and on October 5, 1993, it filed chargesheets in the two cases against 40 persons, including Advani, before a Lucknow court.
On May 4, 2001, the Lucknow judge dropped proceedings against Advani and seven others.
On May 20, 2010, the High Court had dismissed CBI`s plea against separation of trial between two FIRs of 1992 as also dropping the conspiracy charge against Advani.
CBI had moved the apex court against the High Court order last year.