New Delhi: The Supreme Court of India issued notices on Tuesday, 31 March to senior leaders of Indias ruling Bharatiya Janata Party (BJP) including party patron L K Advani and 18 others on a plea filed by Haji Mehboob, a petitioner in the title suit representing the Muslim community in the Babri Masjid-Ramjanmabhoomi case.
The plea raises concerns that with the BJP in power, the Central Bureau of Investigation (CBI) may not make adequate efforts to get conspiracy charges restored against these leaders after the Allahabad high court dropped charges of criminal conspiracy against them in 2010.
While hearing the CBI’s appeal challenging the Allahabad high court verdict discharging LK Advani, other senior leaders of BJP and Hindu outfits, the apex court asked the central agency to explain the delay in moving the top court. The CBI has been given four weeks to state why it took nearly nine months after the Allahabad high court verdict May 20, 2010 to appeal the decision before the highest court of the land.
The 77 year old Mehboob, said in the petition that his fears stem from the fact that Rajnath Singh, an accused in the case, was now Home Minister and his ministry had administrative control over CBI. Further, another accused, Kalyan Singh, was now Governor of Rajasthan.
Mehboob, who said his house was among the many burnt in the violence that followed the demolition, has requested the court to let him intervene and argue as a party in the case irrespective of CBIs appeal since the agencys intentions were doubtful. He said his petition ought to be heard on merits to ensure the matter is not botched up.
Mehboob alleged that due to the change in political leadership in India last year, the litigation policy of the Centre and various statutory authorities changed their stand. There are reliable reports going around that the CBI may not seriously press the said petition in its true intent and spirit, the petition said. The petitioner also said, It is necessary that a public spirited person takes up the issue to test the impugned judgment of Allahabad High Court in the judicial scrutiny before this Court.
The matter was mentioned before Chief Justice H L Dattu on Monday for an urgent listing and he agreed to hear it with the main matter Tuesday. The main matter relates to CBIs appeal against decisions of a special CBI court and High Court to drop criminal conspiracy charge against Advani, Kalyan Singh, Uma Bharti, Vinay Katiyar, Murli Manohar Joshi and others.
There are two cases in connection with the demolition. One of these is against Advani and others who were on the dais at Ram Katha Kunj in Ayodhya in December 1992 when Babri Masjid was demolished. The second is against unknown karsevaks who were in and around the disputed structure. After filing the initial chargesheet against Advani and 20 others under charges of promoting enmity between classes, hampering national integration etc, CBI had sought to invoke the criminal conspiracy charge, but the trial court and the High Court had repelled the attempt. –EJ
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