New Delhi :
The Supreme Court on Wednesday allowed CBI's appeal challenging withdrawal of conspiracy charges against Senior BJP leaders including L K Advani, M M Joshi and others.
SC excludes Kalyan Singh. Trial has to be completed in two years. Now matter will be heard in Lucknow Court, Day to day hearing would continue. Union Minister Uma Bharti will have to face criminal conspiracy charges.
A bench comprising Justices PC Ghose and RF Nariman is has pronounced the judgment.
There were two sets of cases relating to the demolition of the disputed structure on December 6, 1992. The first involved unnamed 'karsevaks', the trial of which is taking place in a Lucknow court, while the second set of cases relate to the VVIPs in a Rae Bareli court.
On April 6, the bench had indicated that they may order holding of joint trial of the two sets of cases by transferring the trial from Rae Bareli to the Lucknow court.
The bench had also said since 25 years have already passed, in the interest of justice, it would consider ordering time-bound trial on day-to-day basis, to be completed preferably within two years.
Senior advocate KK Venugopal, appearing for Advani and Joshi, had vociferously opposed the proposal for holding joint trial and transferring their case from Rae Bareli to Lucknow.
The CBI had clarified that it was not making any submission on the issue of the trial of the VVIPs accused but restricting itself to restoration of the charge of conspiracy against them.
The apex court had earlier decided to examine the appeal against dropping of conspiracy charge against Advani, Joshi, Uma Bharti and 10 others.
The clubbing of two FIRs was opposed by the counsel for the accused on the ground that there were different sets of persons named as accused in the two cases, the trial of which were at an advanced stage at two different places. They were of the view that joint trial would lead to the beginning of de novo (afresh) proceedings.
The conspiracy charge against 13 accused including Advani, Joshi and Bharti was dropped in the case, the trial of which is being held at a special court in Rae Bareli.
The second set of case was against unknown 'karsevaks' who were in and around the disputed structure and pulled it down. The trial against them is being held in a Lucknow court.
The appeals were filed by one Haji Mahboob Ahmad (since dead) and the CBI against dropping of conspiracy charges against 21 accused including the top BJP leaders. Eight of them have died.