The Hindu : Front Page : Order discharging Advani set aside

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Thursday, Jul 07, 2005

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Order discharging Advani set aside

Special Correspondent

Allahabad High Court orders trial against Joshi, Uma Bharti, Singhal in Babri Masjid case

Criminal revision petitions disposed of
Advani to appear before trial court on July 28 for "further directions"

To be tried for rioting and fiery speeches

NEW DELHI: The Lucknow Bench of the Allahabad High Court on Wednesday set aside a trial court order discharging Bharatiya Janata Party president L.K. Advani in the Babri Masjid demolition case. It ordered trial against seven others, including BJP leaders Murli Manohar Joshi and Uma Bharti and Vishwa Hindu Parishad leader Ashok Singhal.

Disposing of criminal revision petitions filed against the discharge of Mr. Advani by a Rae Bareli court on September 19, 2003, Justice Y.R. Tripathi asked him to appear before the trial court on July 28 to "receive further directions."

Justice Tripathi allowed the criminal revision petition, filed by Haji Mehboob and Mohd Siddique, and set aside the impugned order insofar as it related to the discharge of Mr. Advani.

"It is directed that L.K. Advani along with criminal revision petitioners — Murli Manohar Joshi, Uma Bharti, Vinay Katiyar, Ashok Singhal, Acharya Giriraj Kishore, Vishnu Hari Dalmiya and Sadhvi Ritambhara — shall also be charged and tried for offences under Section 149 and sub-section (1) of 505 of the Indian Penal Code read with Section 149 in accordance with the law," Justice Tripathi said in his 45-page order, according to agency reports.

Section 149 deals with intention to provoke people into rioting, arson and indulging in rioting with intent to create disorder. Sub-section (1) of 505 deals with delivering fiery speeches which could hurt religious feelings and create discord among communities.

Interim order discharged

Justice Tripathi dismissed the revision petitions as being "devoid of merit." He vacated the interim order of stay he granted against the Rae Bareli court order for conduct of trial. "The interim order, if any, shall stand discharged and the record of the court requisitioned in this case shall forthwith be sent to it with the direction that it try to dispose of this case expeditiously as already more than 12 years had elapsed since the incident took place and the case is still at the stage of framing of charges," the judge said.

Special CBI magistrate V.K. Singh on September 19, 2003 discharged Mr. Advani but found grounds to proceed against the seven other accused. Mr. Singh observed that there was conflicting evidence against Mr. Advani and gave him the benefit of the doubt. While certain witnesses spoke of Mr. Advani attempting to "incite" the `kar sevaks' to pull down the disputed structure, others contended that he was in fact trying to stop them.

The CBI decided against filing a revision petition before the High Court against the Special Court order and the time limit also expired in December 2004.

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