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Babri case drags on
By Obaid Nasir, Lucknow

The Lucknow bench of Allahabad High Court comprising Chief Justice Shyamal Kumar Sen and Justice Ashish Narain Trivedi rejected a public interest litigation (PIL) seeking a direction to UP govt. for issuing fresh notification in the Babri Masjid demolition case so that trial against Home Minister Lal Krishna Advani, HRD Minister Murli Manohar Joshi and others could be continued in special CBI court.

The judges observed that it will not be proper to direct the state govt. to start the case in any particular court. However, the CBI should take the proper action to try the accused persons .The bench also observed that the petitioners have no locus standi to seek such a declaration from the court.

The PIL was filed by distinguished former editor and coloumnist Mr. Kuldip Nayar, eminent jurist AG Noorani, Bandhuwa Mukti Morcha leader Swami Agnivesh and Communalism combat editors Javed Anand and Teesta Setalvad. .

The bench observed that there is no doubt that the cases have not been decided and they should continue as per the law and CBI should take steps in this direction. Pleading the case in the court Ms. Setalvad said that the High court in its order of 12th Feb, has rejected the notification regarding case no. 198/92 on technical ground. In the light of this judgement the special CBI court also gave relief not only to those 8 accused but even to 13 others also who were named in case no 197/92. He said that no sinner should be exonerated on mere technical ground and if he actually has committed any crime he should be punished. He said that in this case the accused are high profile persons who are in power also and it should be ensured that they are suitably punished so that a loud and clear message may go that no one is over and above law. He said most of the political parties and elected representatives of people have demanded fresh notification for case no 198/92 so that justice is not denied on mere technical ground.

Speaking to the press after the judgement was delivered Babri Masjid Action Committee leader Zafaryab Jilani said that all doors are not yet closed, now we will pursue the CBI to act according to the law of the land. Let us see its reaction and only then we will move the court against CBI.

The court as well as the UP govt. have pushed the ball in CBI court which is under union home ministry. It is very unlikely that it will get clearance from its higher ups, to restart the case against its own political boss .This is definitely not the era of emperor Jahangir who had asked to behead his own beloved wife who was accused of killing a washer man. She was exonerated only after washerman’s wife accepted the compensation (Khoon baha).

The case has put our entire judicial system on trial. Let us see whether the long hands of the law may reach the neck of the sinners or the high profile sinners will push it back.

Meanwhile, the former Prime Minister Mr. VP Singh has announce that he will appear before the Liberhan Commission on his own and will expose the Vishwa Hindu Parishad and Bhartiya Janata Party and their double speaks on Babri Masjid dispute. Speaking to the MG the former Prime Minister said that Hindutva brigade has been changing its statement and stand from time to time to suit their nefarious designs. For example the UP govt, headed by Narain Dutt Tewari allowed Shilanyas ( foundation laying) of Ram Temple in Ayodhya only after the written agreement between the UP govt. and Vishwa Hindu Parishad (VHP) that the latter will abide by the court order in the dispute and will not damage the disputed structure(Babri Masjid) but now they are openly saying that they will not abide by the court order if it goes against them and have destroyed the Masjid. He said that he has asked his counsels to contact Liberhan Commission for recording his suo motto statement which will help the commission to know how the Hindutva brigade has defrauded the nation.

Mr. VP Singh termed the BJP as the most immoral party. He said Kalyan Singh was punished by supreme court and the BJP made him the Chief Minister whereas Ms. Jaylalita has been punished only by the lower court and she has many courts to appeal then with which face the BJP is criticizing her appointment as Tamilnadu’s Chief Minister.

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