Reprieve for Ministers in Ayodhya cases

By Our Special Correspondent

LUCKNOW, FEB. 12. The Allahabad High Court today set aside a decision by the special CBI court to frame charges in the Babri Masjid demolition cases against eight of 49 accused including the Union Ministers, Mr. L. K. Advani, Dr. Murli Manohar Joshi and Ms. Uma Bharti. The court found that these persons were being tried on the basis of an improper notification issued by the Uttar Pradesh Government.

Besides the Ministers, those who got immediate reprieve are the VHP leaders, Mr. Ashok Singhal, Mr. Vishnu Hari Dalmia, Sadhwi Ritambhara and Mr. Giriraj Kishore, and the BJP MP, Mr. Vinay Katiyar.

Mr. Justice Jagdish Bhalla of the Lucknow Bench, however, upheld the special CBI court's decision to frame charges against 40 other accused, including the former Chief Minister, Mr. Kalyan Singh, and the Shiv Sena leader, Mr. Bal Thackeray.

The name of Rajmata Vijayaraje Scindia was deleted as she died during the intervening period.

The special court had on September 9, 1997, ordered framing of charges against all the 49 finding that there were sufficient grounds to proceed against them for their role in the December 6, 1992 demolition. But, the orders were challenged in a number of revision petitions by 33 of the accused. The High Court, disposing of the petitions, found that the special CBI court decision to frame charges against eight of the accused was not proper for, the government notification on their prosecution itself was defective.

The court did not find anything wrong in the constitution of the special CBI court through the original government notification in September 1993 for the trial of the 40 accused. It, however, said the way another notification was issued for including the names of eight others for trial by the special court in October 1993 was improper and defective as prior concurrence of the High Court was not obtained.

The defect could, however, be removed and the State Government, if it so desired, could issue a fresh notification for prosecution of these eight accused by the special court.

As for the prosecution of the other 40, the special CBI court could go ahead with the trial.

Advani declines comment

PTI reports:

In Ahmedabad, Mr. Advani declined to make any comment on the judgment. ``I have not yet read the copy of the judgment to be in a position to make any comments,'' he said at a news conference.

In New Delhi, the VHP hailed the verdict as a ``vindication of Mr. Vajpayee's stand that the construction of a Ram temple at Ayodhya was an expression of national sentiments.''

`Mala fide' action

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