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Showing contexts for: L.K..ADVANI in State(Tr)Central Bureau Of ... vs Shri Kalyan Singh(Former Cm Of Up) on 19 April, 2017Matching Fragments
R.F. NARIMAN, J.
Leave granted.
1. The present appeal arises out of the demolition of Babri Masjid. We are concerned in this case with two FIRs lodged on 6th December, 1992. The first viz. Crime No.197 of 1992, is against lakhs of kar sewaks alleging the offences of dacoity, robbery, causing of hurt, injuring/defiling places of public worship, promoting enmity between two groups on grounds of religion, etc. The IPC offences were, therefore, under Sections 153-A, 295, 297, 332, 337, 338, 395 and 397. The second FIR viz. FIR No.198 of 1992 was lodged against eight persons named therein - Mr. L.K. Advani, Mr. Ashok Singhal, Mr. Vinay Katiar, Ms. Uma Bharati, Ms. Sadhvi Ritambara, Mr. Murli Manohar Joshi, Mr. Giriraj Kishore and Mr. Vishnu Hari Dalmia, two of whom are dead due to passage of time viz. Mr. Ashok Singhal and Mr. Giriraj Kishore. The FIR alleges offences under Sections 153-A, 153-B and Section 505 IPC. 46 further FIRs pertaining to cognizable offences and 1 FIR pertaining to non-cognizable offences were also lodged. Initially, a Special Court set up at Lalitpur was to try these cases but subsequently notifications were issued by the State Government, after consultation with the High Court, dated 8th September, 1993 whereby these cases were to be tried by a Special Court at Lucknow. All these cases were committed to a Court of Sessions, Lucknow in which FIR No.197, but not FIR No.198, was to be tried. It may be noted that prior to the transfer of FIR No.197 of 1992 to Lucknow, by an Order dated 13 th April, 1993, the Special Magistrate added Section 120-B IPC to the said FIR No.197 of 1992.
The aforesaid acts of Shri Bala Saheb Thackeray, Chief of Shiv Sena, Bombay, Shri L.K. Advani, MP, BJP, presently BJP President, Shri Kalyan Singh, ex-Chief Minister of Uttar Pradesh, Shri Ashok Singhal, General Secretary, VHP, Shri Vinay Katiyar, MP Bajrang Dal, Shri Moreshwar Save, MP, Shiv Sena, Shri Pawan Kumar Pandey, Ex-MLA, Shiv Sena, Shri Brij Bhushan Saran Singh, MP, BJP, Shri Jai Bhagwan Goel, North India Chief, Shiv Sena, Ms. Uma Bharati @ Gajra Singh, MP, BJP, Sadhvi Rithambara, VHP leader, Maharaj Swamy Sakshi, MP, BJP, Shri Satish Pradhan, MP, Shiv Sena, Shiv Sena, Shri Murli Manohar Joshi, Ex-President, BJP, Shri Giriraj Kishore, Joint General Secretary, VBP, Shri Vishnu Hari Dalmia, President, Ram Chandra Khatri, Vice President, Haryana, Shri Sudhir Kakkar, Organising Secretary, Shiv Sena, Punjab, Shri Amarnath Goel, Shiv Sena activist, Shri Santosh Dubey, Leader of Shiv Sena, Ayodhya, Shri Prakash Sharma, Joint Secretary, Bajrang Dal, Shri Jaibhan Singh Paweya, All India General Secretary, Bajrang Dal, Gwalior, Shri Ram Narayan Dass, ex-Pujari of Ram Janam Bhoomi, Shri Ramji Gupta, Supervisor Ram Janam Bhoomi Nyas, Shri Lallu Singh, ex-MLA, BJP, Shri Champat Rai, Joint Zonal Organising Secretary, VHP, Shri Om Prakash Pandey, Hindu activist, Shri Lakshmi Narayan Das, Mahatyagi, Activist, BJP, Shri Vinay Kumar Rai, Hindu activist, Shri Kamlesh Tripathi @ Sait Dubey, Bajrang Das, activist, Shri Gandhi Yadav, BJP activist, Shri Hargovind Singh, Hindu activist, Shri Vijay Bahadur Singh, Chief Security Officer, Shri Krishan Temple, Mathura, UP, Shri Navin Bahi Shukla, Hindu activist, Shri Ramesh Pratap Singh, BJP activist, and Acharya Dharmender Dev, Leader, Bajrang Dal constitutes offences U/s 120-B IPC r/w 153-A, 153-B, 295, 295-A and 505 IPC and substantive offences U/s 153-A, 153-B, 295, 295-A and 505 IPC.
9. By an order dated 4th May, 2001, the Special Court dropped proceedings against 21 persons; namely, eight accused persons being Mr. L.K. Advani, Mr. Ashok Singhal (deceased), Mr. Vinay Katiar, Ms. Uma Bharati, Ms. Sadhvi Ritambara, Mr. Murli Manohar Joshi, Mr. Giriraj Kishore (deceased), Mr. Vishnu Hari Dalmia, and 13 accused persons being Mr. Bala Saheb Thackeray (deceased), Mr. Kalyan Singh, Mr. Moreshwar Save (deceased), Mr. Champat Rai Bansal, Mr. Satish Pradhan, Mr. Mahant Avaidhyanath (deceased), Mr. Dharam Das, Mr. Mahant Nritya Gopal Das, Mr. Mahamadleshwar Jagdish Muni, Mr. Ram Bilas Vadanti, Mr. Vakunth Lal Sharma @ Prem, Mr. Prama Hans Ram Chandra Das (deceased) and Dr. Satish Chandra Nagar, taking the view that there were two sets of accused - one, the Kar Sewaks who actually demolished the Masjid, and others who were the instigators. The Court thought that it was faced with two alternatives, and chose the lesser alternative of dropping the proceedings against these 21 persons so that the proceedings against the Kar Sewaks could carry on. A revision was filed against the order dated 4th May, 2001 before the High Court which led to the passing of the impugned Judgment dated 22 nd May, 2010. This Judgment upheld the Judgment dated 4 th May, 2001 holding that there were two classes of accused, namely, leaders who were on the dais exhorting the Kar Sewaks at 200 meters from the Masjid, and the Kar Sewaks themselves. The nature of the accusations against both was different and their involvement was for different criminal offences. The submission on behalf of the CBI that the Lower Court could not have discharged 21 accused persons as it would amount to reviewing the order dated 9th September, 1997, was turned down. The CBI also raised a plea that the embargo against prosecution was only against 8 persons insofar as 3 offences and 3 offences alone concerning Sections 153A, 153B and 505 IPC. It was held that the entire crime recorded in FIR No.198 of 1992 would encompass Sections other than the 3 Sections mentioned and this plea was also, therefore, turned down. Criminal conspiracy, according to the impugned judgment, was never made out against the aforesaid 8 or 13 persons as otherwise the supplementary charge sheet filed by the CBI at Rae Bareilly would have included Section 120B which it did not. Turning down the CBI’s plea that the judgment dated 12th February, 2001 had laid down that a joint charge sheet on the ground that different offences were committed in the course of the same transaction, and a plea that a prima facie case had been made out of conspiracy, together with the fact that order dated 9th September, 1997 continues to survive qua all the other accused was also turned down by the impugned judgment, holding :
i. The proceedings viz. Crime No. 198/92, RC.1(S)/92/SIC-IV/ND in the Court of the Special Judicial Magistrate at Rae Bareilly will stand transferred to the Court of Additional Sessions Judge (Ayodhya Matters) at Lucknow.
ii. The Court of Sessions will frame an additional charge under Section 120-B against Mr. L.K. Advani, Mr. Vinay Katiar, Ms. Uma Bharati, Ms. Sadhvi Ritambara, Mr. Murli Manohar Joshi and Mr. Vishnu Hari Dalmia. The Court of Sessions will frame additional charges under Section 120-B and the other provisions of the Penal Code mentioned in the joint charge sheet filed by the CBI against Mr. Champat Rai Bansal, Mr. Satish Pradhan, Mr. Dharam Das, Mr. Mahant Nritya Gopal Das, Mr. Mahamadleshwar Jagdish Muni, Mr. Ram Bilas Vadanti, Mr. Vaikunth Lal Sharma @ Prem, and Dr. Satish Chandra Nagar. Mr. Kalyan Singh, being the Governor of Rajasthan, is entitled to immunity under Article 361 of the Constitution as long as he remains Governor of Rajasthan. The Court of Sessions will frame charges and move against him as soon as he ceases to be Governor. iii. The Court of Sessions will, after transfer of the proceedings from Rae Bareilly to Lucknow and framing of additional charges, within four weeks, take up all the matters on a day-to-day basis from the stage at which the trial proceedings, both at Rae Bareilly and at Lucknow, are continuing, until conclusion of the trial. There shall be no de novo trial. There shall be no transfer of the Judge conducting the trial until the entire trial concludes. The case shall not be adjourned on any ground except when the Sessions Court finds it impossible to carry on the trial for that particular date. In such an event, on grant of adjournment to the next day or a closely proximate date, reasons for the same shall be recorded in writing. iv. The CBI shall ensure that on every date fixed for evidence, some prosecution witnesses must remain present, so that for want of witnesses the matter be not adjourned. v. The Sessions Court will complete the trial and deliver the judgment within a period of 2 years from the date of receipt of this judgment.