If the law is successfully implemented it would help in preventing the crimes. Dropping off criminal cases against the perpetrators of crime of December 6, 1992 has affected India’s secular character. The courts discharging the cases against the instigators of criminal conspiracy and the investigating agency CBI which is trying to bring the offenders back to the dock through filing petition have not gained success yet in their attempts.
Fresh notices have been issued against top leaders of BJP and Sangh Parivar. As the Babri Masjid demolition cases were being tried with very slow pace, taking advantage of the legal capacity, the accused were reprieved. Therefore CBI has taken a fresh step by filing a petition in Supreme Court appealing to uphold the charges of conspiracy in the Babri Masjid demolition conspiracy case. High court on May 20, 2010 had pronounced its judgment upholding the ruling given by special court on May 4 2001 that there are no conspiracy cases against Advani, Murli Manohar Joshi, Uma Bharti, Bal Thakery, Kalyan Singh and others. The special court also pronounced the same judgment regarding the other 21 people and Allahabad high court endorsed the judgment given by special court.
Infact the forces busy in providing relief to the accused, without closely reviewing the delicate aspects of the law, succeeded in their goals. CBI appealed to Supreme Court to revive the conspiracy charges against Advani and others as whatever happened in Ayodhya on December 6, 1992 was purely against communal integrity and secular character of the country.
CBI approached Supreme Court nine months after the Allahabad High court verdict. The accused got respite due to delay in case proceedings and lack of legal surveillance. In the first FIR, the conspiracy was alleged against lakhs of unknown kar sevaks who gathered over and around Babri Masjid and demolished the historic mosque. Lakhs of unknown kar sevaks were discharged of their conspiracy charges under case no 197 just because special court pronounced judgment that there are no conspiracy charges against them. Later the high court upheld the judgment.
The second FIR, charged Advani, Murli Manohar Joshi, Shivsena chief Bal Thakrey and others of instigating conspiracy. On that day these leaders had made inflammatory speeches, which led to demolition, from a special stage set up in Ayodhya, the record of which is present in audio and video form. The accused were tried in a special court at Rae Bareli under case no.198 but later on the charges were dropped off on a technical ground.
On May 4 2001 the special court dropped the conspiracy charges on the ground that the case no.197 related only to kar sevaks hence Advani including other leaders were released from the criminal conspiracy case.
CBI also took 9 months time for appealing in Supreme Court against the judgment. The court raised the questions as to why the case was put off for 10 years and why the Uttar Pradesh government did not issue fresh notification after the judgment of 2001. Had the UP government issued the notification on time the case proceedings against the accused would have sustained. As the time has elapsed some points of the case is found to be weaken. Hence Supreme Court asked additional solicitor General Gopal Subramanyam as to what was the cause of merging the case of Advani and other 11 accused with Babri Masjid demolition case. UPA government showed laxity in issuing notification to form a special court in Lukhnow for the trial of Babri Masjid case as a result FIR no 198 has not been mentioned in its notification due to which the judge of special court did not have the authority to case against the leaders of BJP and Sangh Parivar. As there was no official notification by UP government, when the case was shifted to Rae Bareli from the special court, the clever forces released the culprits of Babri Masjid demolition from the charges.
Now that the fresh notices have been issued on CBI’s appeal, sincere steps should be taken to follow the proceedings.