CBI moves SC against clean chit to Advani

The first was registered against “lakhs of kar sewaks and unknown persons” for serious offences,including robbery or dacoity with attempt to commit murder,causing hurt by an act endangering life or safety of others,deterring a public servant from doing duty and promoting enmity between different religious groups. The most severe of these offences can get the offender upto 10 years in jail.

The second is against eight individuals,including Ashok Singhal,Giriraj Kishore,Advani,Murli Manohar Joshi Vishnu Hari Dalmiya,Vinay Katiyar,Uma Bharati and Sadhvi Ritambara for promoting enmity,making imputations and assertions prejudicial to national integrations and statements conducing to public mischief. Maximum punishment,if found guilty for these offences,is up to five years’ imprisonment. The cases are being tried in courts in Lucknow and Rae Bareilly.

On Froday,the CBI challenged the decision by Special Judge Srikant Shukla,Lucknow,on May 4,2001 to drop names of 21 persons,including the eight mentioned in the second case from the list of “kar sewaks and unknown persons” being tried for the offences in the first case.

In its petition,the CBI challenged the judge’s decision to drop names of Advani and the 20 others for the reason that they did not participate in the “actual demolition”.

“It appears that an artificial distinction was made by the trial court… that in respect of persons against whom only offences of instigation and other allied offences are made out,they should be relegated to Case No 198/1992. However,in respect of persons who indulged in actual demolition,they should be tried out in Case No 197/1992 along with offences relating to snatching of cameras and assault on media persons…,” the plea said.

The CBI wants a joint trial of both the cases.

Slamming the decision to “bifurcate” the accused into two categories — which was later confirmed by the Allahabad HC — the CBI said “acts of instigation,facilitation,the actual demolition of the Masjid,the continuous assault on media persons thus form a single connected transaction and can well be a concerted conspiracy under Section 120 B of the IPC”. “In respect of continuous criminal act attracting various offences,the transaction has to be viewed in as a whole and evidence can’t be led at two different courts,” the CBI said,adding the decision was a spoke in its probe into the demolition.