The Supreme Court on Tuesday issued notice to senior BJP leaders L.K. Advani and M.M. Joshi on a petition challenging the Allahabad High Court verdict discharging them of criminal conspiracy in the demolition of Babri Masjid in 1992.
Besides the two, union minister Uma Bharti and Rajasthan Governor Kalyan Singh also have been issued notice. The Allahabad High Court on May 20, 2010, absolved them of the criminal conspiracy charges in the 22 years old case.
An apex court bench of Chief Justice H.L. Dattu and Justice Arun Mishra issued notice as senior counsel Kapil Sibal told the court that a fresh application has been moved by Haji Mahboob Ahmed challenging the high court verdict.
The court also gave the Central Bureau of Investigation (CBI) four weeks to get the papers to support its case challenging the discharge of Advani and others.
Additional Solicitor General N.K. Kaul told the apex court that the CBI has already filed an affidavit explaining delay in filing the petition challenging the high court order.
Allowing four weeks' time, the court said it would be hearing the matter on the question of law, delay and merits.
The CBI, which had moved the apex court on February 18, 2011, nearly nine months after the Allahabad High Court verdict, is yet to persuade the court on the justification for delay of nine months in challenging the high court order.
The CBI in its appeal before the apex court has said that the high court verdict discharging Advani and others of the offence of criminal conspiracy "is inconsistent with the previous judgment rendered by the Allahabad High Court on February 12, 2001".
The Lucknow bench of the Allahabad High Court by its February 12, 2001, order had held that the trial court committed no illegality in taking "cognizance of joint consolidated charge-sheet" and "all the offences were committed in the course of the same transaction to accomplish the conspiracy".
The high court by its order had noted that the "evidence for all the offences was almost the same".
Besides Advani, other accused include senior BJP leaders M.M. Joshi, Vinay Katiyar, Vishwa Hindu Parishad (VHP) leaders Ashok Singhal, Giriraj Kishore, Hari Dalmiya, Uma Bharti, Sadhvi Ritambrara, Mahant Avaidyanath and former Uttar Pradesh chief minister Kalyan Singh.
