The Hindu : SC moved against dropping of charge against Advani

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Friday, Aug 08, 2003

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SC moved against dropping of charge against Advani

By J. Venkatesan

NEW DELHI Aug. 7. An application was filed in the Supreme Court today by Md. Aslam Bhure seeking to stay all further proceedings pending before the Judicial Magistrate, Rae Bareili, in the Ayodhya case, relating to the Deputy Prime Minister, L.K. Advani, and seven others as the CBI had filed a diluted chargesheet dropping the `conspiracy' charge.

The apex court in March had already issued notice on Mr. Bhure's review petition against its November 29, 2002 order permitting the Uttar Pradesh Government to conduct the trial against Mr. Advani and others in the Rae Bareili special court instead of the Lucknow special court.

Mr. Bhure has now filed an application in the review petition praying for early hearing of the review petition so that the matter might be disposed of to end the controversy in the trial, pertaining to the demolition of the disputed structure in Ayodhya.

He wanted the court to initiate action against the CBI for filing an "incorrect and truncated" chargesheet with the intention of saving Mr. Advani and seven other VVIPs, including the Union Ministers, Murli Manohar Joshi and Uma Bharti, and the VHP president, Ashok Shingal, accused in the crime no. 198/92 from legal punishment. And to initiate contempt proceedings against the CBI for distorting and distracting the judicial record in this matter.

The petitioner contended that the CBI had filed a diluted chargesheet dropping the `conspiracy' charge before the Judicial Magistrate, Rae Bareili, against Mr. Advani and seven others on the wrong premises that the same was not included in the original chargesheet filed in February 1993.

He said that this contention was incorrect as the Additional Sessions Judge had passed an order on September 9, 1997 for framing of all charges against the eight accused, including the charge of 120 B IPC (conspiracy). This order had been upheld by the Allahabad High Court.

He said if the trial was allowed to proceed in the Rae Bareili court on the basis of the truncated chargesheet, the review petition for hearing the matter by the special court in Lucknow would become infructuous. Hence he sought the staying of all further proceedings pending before the Rae Bareili court.

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