360 degree: 25 years later, Babri returns to haunt us

Bharatiya Janata Party leader L.K. Advani would not have imagined that the 1992 Babri Masjid demolition case in Ayodhya will haunt him after nearly 25 years. Last week, the Supreme Court hinted at reviving the conspiracy charge of demolition against Mr Advani and 12 others, and a composite trial with kar sevaks, either in Rae Bareli or Lucknow.  

Besides Mr Advani, the other accused in the case included Murli Manohar Joshi, Uma Bharti, Giriraj Kishore, Vishnu Hari Dalmia, Vinay Katiyar and Sadvi Ritambara.

If the apex court passes its final order on March 22, then all those linked to the actual demolition will be tried together along with offences relating to snatching of cameras and assault on journalists. The offences of instigation, facilitation, the actual demolition of the disputed structure on December 6, 1992, and the continuous assault on journalists form a single connected transaction — and might also be a concerted conspiracy under Section 120B of the Indian Penal Code.

There are two sets of cases. The first is against Mr Advani and 12 others who were on the dais at Ram Katha Kunj in Ayodhya in December 1992 when the Babri Masjid was demolished. The second is against unknown kar sevaks who were in and around the disputed structure (case No. 197) in Lucknow.

The second FIR, which specifically charged Mr Advani and other leaders with making inflammatory speeches and conspiracy to demolish the structure (case No. 198), was tried in a special court in Rae Bareli.

The CBI pressed charges against these accused under various sections of the IPC, namely 153A and 153B (spreading communal frenzy), 147 (rioting), 149 (committing a criminal act with a common object), and 505 (creating ill will among different classes at a place of worship). The charge of criminal conspiracy, if added under Section 120B of IPC, will make each of the accused responsible for the demolition, even if they were not directly involved in the actual commission of the crime of demolition. The two cases investigated by the UP police were later merged and handed over to the CBI, which filed a composite chargesheet on October 5, 1993.

The Lucknow bench of the Allahabad high court on February 12, 2001, quashed a notification by the state government constituting the special court to try the case in which Mr Advani, Mr Joshi, Ms Bharati and some others are the accused, citing a technical defect.

On May 4, 2001, the sessions judge dropped the conspiracy charges against Mr Advani and others on the ground that case No. 197 related only to kar sevaks. But case No. 198 is still pending.

The order to drop conspiracy charge was upheld by the HC. The CBI filed an appeal against this order and this is the one which is to be adjudicated by the apex court.