The Supreme Court on Monday issued notices to Uttar Pradesh government and CBI on two petitions challenging an Allahabad high court order quashing the framing of charges against Union ministers L K Advani, Murli Manohar Joshi and Uma Bharti and top VHP leaders in Babri mosque demolition case. A bench comprising Justice G B Pattanaik and Justice N Santosh Hegde gave four weeks time to the state government and the investigating agency to file their response to the petitions filed by noted columnist Kuldip Nayar and an NGO society for justice.
The petitioners have challenged the February 12 order of the single judge of the Lucknow bench of Allahabad high court quashing the framing of charges against the three ministers, VHP and Bajrang Dal leaders Ashok Singhal, Giriraj Kishore, Vishnu Hari Dalmia, Vinay Katyar and Sadvi Rithambara in the FIR 198/1992 registered at Ayodhya in connection with the demolition of the Mosque on December 6, 1992. The high court had held that the state government notification issued on October 8, 1993 was invalid, hence it did not "confer any jurisdiction upon the courts below to take cognisance, commit and try the case relating to FIR 198/92 under Section 153-A, 153-B and 505 of the Indian Penal Code".
It had said, "however, the mistake in issuing the said notification of October 8, 1993 is curable and it is open for the state government to cure the legal infirmity." The petitioners are seeking direction from the apex court to the state government to take necessary steps to correct the mistake pointed out by the high court so that the accused persons could be tried for their alleged offence. Bureau Report