Babri case: SC restores conspiracy charges against Advani etc

Babri Masjid being demolished by Kar Sevaks on Dec 6, 1992

Apr 19, 2017:  LK Advani and other top leaders of the BJP including Murli Manohar Joshi and Uma Bharti will be tried for criminal conspiracy in the demolition of the 16th­ century Babri Masjid, the Supreme Court ruled today, agreeing with a request from the Central Bureau of Investigation or CBI in its case over the razing of the disputed mosque on December 6, 1992. The incident had sparked deadly riots across India that killed around 2,000 people. "We have allowed the CBI appeal against the Allahabad High Court judgement with certain directions," a bench comprising Justices PC Ghose and RF Nariman said.

Here are the top 10 points from the judgement in the Babri Masjid demolition case:

1. CBI's appeal in Babri mosque demolition case allowed, criminal conspiracy charge against LK Advani and other BJP leaders restored.
2. Two separate cases (in Lucknow and Raebareli) against LK Advani, Murli Manohar Joshi, Uma Bharti and unknown 'kar sevaks' in will be brought together in one trial.
3. The trial court in Lucknow must complete the hearing in two years and deliver a verdict.
4. Kalyan Singh (who was the chief minister of UP in 1992) enjoys constitutional immunity as Rajasthan Governor and can be tried only after he leaves office.
5. Lucknow court should conduct trial in these cases on a day­to­day basis.
6. No party shall be granted adjournments without the sessions judge being satisfied of the reasons for it.
7. CBI will have to ensure that at least one prosecution witness appears in trial court for recording of testimony.
8. Trial judge hearing the Babri mosque case shall not be transferred till the judgement is delivered.
9. Lucknow trial court to commence proceedings in four weeks and there will be no 'de novo' (fresh) trial.
10. Order should be followed in letter and spirit and parties involved have the liberty to approach the top court if its directions are not followed.

Here is the timeline to the dispute

Justice delayed is justice denied ... William E. Gladstone

Justice delayed will not only be justice denied, 

it will be the Rule of law destroyed ... Soli Sorabjee

My View:

There is no question that Ram Janmabhoomi is one of the highest sentiment for 84% Hindus in India, without exception. Muslims should have voluntarily given away the never used Masjid for Hindus for building Ram Temple, as gesture of good will. In return they could have extracted certain concessions, but both groups never came to negotiating table. Courts could not give its judgement because that piece of land of Babri Masjid is in possession of Babri Masjid Trust and at the same time Hindus sentimental right can't be undermined but can't be given away to Hindus unless Muslims agree to it. The dispute is dated back to 1853/1859. In 1992 Advani leading thousands of BJP+ Kar Sevaks, purely for political gains is only to counter VP Singh's Mandal card, resulting in demolition of Babri Masjid is patently illegal, undemocratic and unconstitutional and ruptures secular fabric of the nation. All culprits who ever have conspired and/or participated in demolition must be booked and punished as per laws of the land. Topping the list are LK Advani, MM Joshi, Uma Bharathi, Kalyan Singh and many more. At least after 25 years, SC ordered these culprits stand trial with 2 years deadline. Unless rule of the law is respected, we stand to lose democratic & secular character of our constitution.

However, SC has dealt a deadly blow to BJP & its associates stunning the master manipulator Modi affirming judicial independence and upholding rule of law. Any shame left, Uma Bharti and Kalyan Singh must resign their Minister & Governor positions and face criminal charges in their individual capacity. Ironically, Modi (with his CBI) has to prosecute his own gurus & compatriots of conspiracy & criminal charges. Landed in unenviable spot, Modi, who lectures on every issue, will maintain stoic silence on this matter.