The CBI on Friday moved the Supreme Court seeking inclusion of the charge of criminal conspiracy against BJP and Sangh Parivar leaders, including Mr L.K. Advani and Mr M.M. Joshi, in the Babri masjid demolition case even as the top court had clarified the position of the law on the vital issue in a verdict in March 2007.
The agency moved the apex court after its plea for inclusion of the charge under IPC Section 120-B, which deals with criminal conspiracy, was rejected earlier by the special judge in Rae Bareli and by the Lucknow bench of the Allahabad HC in an order on May 21, 2010.
The CBI counsel filed a special leave petition in the apex court registry challenging the HC order, contending that there was reasonable ground for inclusion of Section 120-B against the BJP and Sangh Parivar leaders.
Besides Mr Advani and Mr Joshi, other leaders chargesheeted in the case before the Rae Bareli special judge included Ms Uma Bharti, Mr Vinay Katiyar, Mr V.P. Singhal, Mr Jagmohan Dalmiya and Mr Sadhvi Rithambhra.
However, the SC, in a judgment on March 22, 2007 on the issue, had clarified after examining the trial court records that neither of the two FIRs — No. 197 and No. 198 — registered by the UP police regarding the Babri masjid demolition contained the charge under Section 120-B of the IPC.
The top court had said that the first FIR lodged on December 6, 1992, immediately after the demolition, against 47 persons, mostly “karsevaks”, included charges under Sections 395, 397, 332, 337, 238, 295, 297 and 153A of the IPC, which respectively deal with the offences of dacoity, robbery, hurting public servants, outraging religious feelings, trespassing into a burial place and promoting enmity among religious groups.
And the second FIR against the BJP leaders contained charges under Sections 152A, 153B, 505, 147 and 149 of the IPC. These sections respectively deal with the offences of promoting enmity among people of different religions, casting imputations on national integration, making statements aimed at creating mischief, rioting and unlawful assembly.