New Delhi: Commenting on the Supreme Court’s decision to restore criminal conspiracy charges against Bharatiya Janata Party (BJP) veterans regarding demolition of the Babri Masjid, the Congress party on Thursday hailed the ‘historic judgement’ as a ‘resurrection of the majesty of law’.
Senior Advocate K.T.S. Tulsi appreciating the apex court said the decision taken would amend the gross delay that occurred in the judgement. “Speeches delivered during the Rath Yatra clearly indicated the intentions of those involved. Therefore, reviving conspiracy charges comes as a move to correct the delay in delivering the judgement and punishing those who were directly involved with the demolition of the Babri Masjid,” Tulsi told ANI.
Further, Congress leader Husain Dalwai, while asserting the supremacy of the Indian judiciary and the constitution stated that miscreants would be punished irrespective of political influence or position of power. “Everyone is equal before the law. It is true that people are trying to erase the constitution as a whole. However, as long as it exists, nobody is above it,” he said.
Earlier on Wednesday, the apex court allowed the Central Bureau of Investigation’s (CBI) appeal in the Babri Masjid demolition case and restored criminal conspiracy charges against BJP supremos L.K. Advani, Murli Manohar Joshi, Uma Bharti and Rajasthan Governor Kalyan Singh among others.
However, Kalyan Singh, who was the chief minister of Uttar Pradesh in 1992, enjoys constitutional immunity as the Rajasthan Governor and can be tried only after he leaves office. The apex court ordered that two separate cases in Lucknow and Raebareli against Advani, Joshi and Bharti and unknown ‘kar sevaks’ shall be brought together in one trial.
The Supreme Court also directed the trial court in Lucknow to commence the proceedings in four weeks and hear the matter on a day-to-day basis so as to complete the hearing in two years. The apex court also said there will be no ‘de novo’ (fresh) trial.
The CBI has been ordered to ensure that at least one prosecution witness appears in the trial court for recording of testimony. To ensure speedy trial, the top court has given two important directions – first, no party shall be granted adjournments without the sessions judge being satisfied of the reasons for it; second, the trial judge hearing the case shall not be transferred till the judgement is delivered.
The Supreme Court also said that its order should be followed in letter and spirit. If the parties involved feel that the top court’s order is not being followed in letter and spirit then they will be having the liberty to approach the apex court.