New Delhi: The Supreme Court on Monday sought a report from the Lucknow sessions judge on how he intends to complete the trial in the Babri Masjid demolition case involving BJP leaders L. K. Advani, Murali Manohar Joshi, Uma Bharti and others by April 2019 A bench of Justices Rohinton Nariman and Ms Indu Malhotra also sought the response of the CBI and the Uttar Pradesh government to the petition filed by trial court judge S. K. Yadav whose promotion was stayed by the Allahabad High Court on the ground that the apex court had directed him to complete the trial before April 2019.
Maintaining that his promotion to the post of district judge was due, Mr Yadav has sought a direction of the court to this effect. The bench told the counsel for Yadav that it was issuing notice on the plea. “We also issue notice for a report to be presented in a sealed cover as to in what manner is the district judge going to complete the trial with the specified time limit,” the bench said on Monday. In April 2017, the apex court ordered the revival of the “conspiracy” charge against Mr. Advani and others after 25 years in the 1992 Babri Masjid demolition case in Ayodhya and directed completion of trial in two years.
The court had said in the present case, crimes, which shook the secular fabric of the Constitution, have allegedly been committed almost 25 years ago. “There shall be no de novo (fresh) 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,” the apex court had then said.
The apex court had made it clear that if the trial was adjourned, then it should be fixed on the next day or a closely proximate date and the reasons for this shall be recorded in writing. “The sessions court will complete the trial and deliver the judgement within a period of two years from the date of receipt of this judgement,” it had said. Besides the three leaders, the accused against whom the conspiracy charge would have be invoked are Vinay Katiar, Sadhvi Ritambara and Vishnu Hari Dalmia, who were earlier being tried at Rae Bareilly.
