HC orders speedy trial in Babri case

While a witness is being examined and cross-examined,the case shall not be adjourned unless the witness himself is unable to be present or “there is some situation beyond the control of defence which makes the proceedings impossible,” the order said. In such situation,the reasons for the adjournment should be recorded in writing.

The CBI was directed by the court to present some witnesses on each of the fixed dates so that there was no adjournment for want of witnesses. Further,the order also said that Saturdays should not be avoided while fixing the dates.

The accused had moved the HC against an order passed by the District and Session Judge of Rae Bareli,on July 22,directing the Special Judicial Magistrate to hold proceedings for at least 10 days in a month for speedy trial. In its judgement,the bench quashed the order.

The accused had submitted before the court that lawyers from different places came to conduct the case,and it was very inconvenient for them to appear before the court if the proceedings were scheduled every third day. The judges said the counsels representing the accused persons may “hand over the brief to some other advocate” in case they have any difficulty attending the court on any particular date,“so that the trial of this case may not be disturbed because of his absence.”

The judges observed that as a result of long delay,the possibility of loss of important evidence cannot be ruled out.

In the present case,the court observed,19 years have already passed after the occurrence of the incident,and the trial is yet half concluded. Out of 148 witnesses,only 14 could be examined.

The court observed that in view of the sensitivity of the case,“we do not find it necessary to issue any direction to the CBI to disclose the names of the witnesses which it intend to produce on the next date.”

The case was filed against the eight accused on December 6,1992 and the CBI took over the case from the Uttar Pradesh police in August 1993.

Another case related to Babri Masjid demolition is pending in the Special Court (Ayodhya Matters) in Lucknow.