The CBI is planning to approach the Supreme Court to get clearance for adding names of 10 top BJP and Sangh parivar leaders in the Babri Masjid demolition case under trial before the special court in Lucknow.
According to sources, currently the top BJP leaders, including, Mr L.K. Advani, Mr M.M. Joshi, Ms Uma Bharti, Mr Vinay Katiyar and others are facing trial under lesser charges in a special court at Rai Bareli where the case was transferred from Lucknow due to certain legal technicalities.
The case registered under FIR No-197 of 1992 against 47 persons, mostly “karsevaks” contains the offences under Sections 395, 397, 332, 337, 238, 295, 297 and 153A of IPC, which respectively deal with the offences of dacoity, robbery, hurting public servants, outraging religious feelings, trespassing into burial place and promoting enmity among religious groups.
The top BJP and Sangh parivar leaders, whose names figured in the second FIR No. 198 of 1992 before the Rai Bareli court, faced charges under Sections 152A, 153B, 505, 147 and 149 of IPC. These sections respectively deal with the offences of promoting enmity among people of different religion, casting imputation on national integration, making statements aimed at creating mischief, rioting and unlawful assembly.
“Since both the FIRs do not contain the serious charge like criminal conspiracy, the CBI wants to add the names of the top BJP and Sangh parivar leaders in the Lucknow case to overcome the error,” sources said. This is the reason that agency is planning to approach the SC in this regard, sources added.
The issue relating to the charge of criminal conspiracy under Section 120 B of the IPC had turned into a major controversy during the NDA regime with Congress and its allies accusing Mr Advani, the then Union home minister, of getting the charge of conspiracy diluted in the charegsheet. However, when the matter on this question came before the Supreme Court in two PILs, the top court after examining the entire record, summoned from the two trial courts, in an order passed in March 2007 had clarified that none of the two FIRs registered in connection with the demolition case.