By TwoCircles.net staff reporter
New Delhi: Out of thousands that demolished Babri Masjid on December 6th, 1992 in Ayodhya only 47 are being tried for conspiracy for the demolition while leaders that lead the movement and were present that day in Ayodhya will be tried for rioting, unlawful assembly and making statements to cause public mischief but not for conspiracy.
The Supreme Court on Tuesday dismissed a curative petition by Aslam Bhure that sought a review of its November 2002 judgment that allowed separating trials of eight leaders from 47 others. Mr. Bhure wanted two cases to be combined by moving case against the leaders moved from Rae Bareli to the Lucknow court.
A Bench comprising Chief Justice KG Balakrishnan and Justices BN Agrawal and Ashok Bhan rejected the petition.
After the demolition of the Babri Masjid two first information reports (FIRs) were filed. First 197/92 was against un-named kar sevaks and 198/92 against BJP leaders LK Advani, Murli Manohar Joshi and Uma Bharti, and Vishwa Hindu Parishad leaders Ashok Shingal, Giriraj Kishore, Vishnu Hari Dalmia, Vinay Katiyar and Sadvi Ritambara. The first FIR later names 47 people.
The leaders were charged under Indian Penal Code Sections 147 (rioting); 149 (member of unlawful assembly guilty of offence committed in prosecution of a common object); 153 A and B (promoting enmity between different groups and imputations, assertions prejudicial to national integration) and 505 (statements to cause public mischief).
A special court framed charges in both FIRs but the High Court in Uttar Pradesh (UP) quashed the charges in February 2001on the ground that it was not consulted before the transfer and hence the transfer of case was illegal. Therefore only case resulting from first FIR could continue.
Mr. Bhure petitioned for directing the UP government to issue a fresh notification for case against Advani and others. He also asked the court to direct the government that trial be held only in Lucknow since CBI had filed a combined charge sheet against all 55 accused.
While petition was still with the court, the UP government issued a notification for conducting the trial against Mr. Advani and others at Rae Bareli.
The Supreme Court upheld the notification issued on November 29, 2002. Aslam Bhure and others sought a review on this judgment, when it was dismissed the curative petition was filed which was dismissed on Tuesday. Curative petition was the last legal hurdle and this means that the case against Advani and other leaders will be held separately in Rae Bareli and without any conspiracy charge.
Mohammad Aslam Bhure a cycle-richshaw shop owner is fighting Babri Masjid related cases since 1991 and has spent his own money for legal expenses.