|ALL INDIA MUSLIM
Discharge of L.K. Advani Legally Incomprehensible
CBI Must Ask for Review
State Govt. Must Revise Notification for Restoring Conspiracy Charge
New Delhi, 20 September, 2003: Shri Syed Shahabuddin, President of the All India Muslim Majlis-e-Mushawarat (AIMMM), has issued the following Statement:
"The AIMMM welcomes the Order of the Special CBI Court, Rae Bareli to frame charges against Shri Murli Manohar Joshi and 6 other leaders of the Sangh Parivar but finds it legally incomprehensible that the same charges against Shri L.K. Advani have been dropped. The CBIís common charge-sheet against all 8, though considerably diluted and purged of serious charges under Section 120B, Section 295A and Section 295B of the IPC was based on common evidence. Moreover, the Court should not have lost sight of the leading role of Shri Advani in fanning the Mandir agitation and of his campaign, immediately before the Demolition to mobilize the demolition squad and, indeed, of the very fact of his presence throughout the day in full view of the Babari Masjid and of his implied approval of the day-long exhortation and instigation of the Karsevaks. All serve to strengthen the impression that as the ranking member of the Sangh Parivar on the spot he was indeed in-charge of the Demolition.
The AIMMM feels that perhaps to save its political master, the CBI did not press the case against him as vigorously as it should have done and that the Court has wrongly interpreted the Supreme Courtís ruling in the Samal case (1979) by ignoring the fact that it is not relevant to the preliminary stage of a criminal trial.
The AIMMM demands that the State, assisted by the CBI, should seek a review of Shri Advaniís exoneration before, and without, a trial.
The AIMMM recalls that the CBI case which seeks to restore the serious charge of criminal conspiracy under Section 120B is pending with the Allahabad High Court. So are the review petitions pending before the Supreme Court seeking a revival of the original chargesheet of 1997 through a revised notification by the State Government.
The AIMMM appeals to the State of UP, to file an appropriate affidavit to facilitate the revival."
Sd/- Syed Shahabuddin
ALL INDIA MUSLIM
N-44, Abul Fazal Enclave, Jamia Nagar, New Delhi - 110 025 Phone: 2632
6780 Fax: 2632 7346 Email: