|ALL INDIA MUSLIM
UP Govt.’s Supplementary Counter-Affidavit is Inadequate and
Overlooks CM’s Past Stand
Mushawarat Requests Shri Mulayam Singh Yadav to Issue Fresh Notification or to Contest Supreme Court Order for Transfer of Case 197/92 to Rae Bareli
New Delhi, 5 December, 2003: Shri Syed Shahabuddin, President of the All India Muslim Majlis-e-Mushawarat (AIMMM), has issued the following Statement:
"The Supplementary Counter-Affidavit (SCA) filed by the State of Uttar Pradesh in the Wajahat Ansari Case (WP(Crl.) No. 113 of 2003 on 18.11.2003 falls short of expectations of the secular forces because it does not completely undo the damage done by the Original Counter-Affidavit filed by the State Government on 18.10.2003 nor, what is more important, does it reverse the position taken by the previous State Governments headed by Shri Rajnath Singh and Ms. Mayawati.
Firstly, the SCA does assert that according to CBI investigation the Demolition resulted from ‘criminal conspiracy of some organization’ but while the CBI’s original as well as the subsequent consolidated charge-sheet submitted to and taken cognizance of by the Special Court in Allahabad, mentioned the names of individuals and the parties and organizations to which they belonged like the BJP, the Shiv Sena, the VHP, the SCA is totally silent. The silence of the State of UP on their identity is incomprehensible. Why should the Government of UP should show such indulgence towards the conspirators whom the Chief Minister Shri Mulayam Singh Yadav had himself identified in no uncertain terms earlier in the Parliament and outside?
Secondly, the SCA merely refers to the well-known fact that the Case No. 197/92 is before the Special Magistrate, Rae Bareli, but fails to challenge the propriety of the bifurcation of the consolidated case before Special Court, Lucknow and the transfer of the case relating to FIR 197/92 to Rae Bareli. In fact the original counter-affidavit in this regard remains unchanged on this point.
This implies that the new Government of UP under Shri Mulayam Singh Yadav is neither prepared to issue a fresh notification to remove the ‘flaw’ as suggested by the Allahabad High Court nor to challenge this Order of the High Court and the subsequent confirmation of transfer by the Supreme Court. Nor it is prepared to assist the Supreme Court in the pending Review of its Order. In short, the Mulayam Singh Yadav Government is following the lead of its predecessor, the Mayawati Government without making the slightest change of course.
Thirdly, the SCA also means that the Government of UP not only completely overlooks the deletion of Section 120(A) in the fresh charge-sheet filed by the CBI in Rae Bareli in an unquestionable dilution of the original charge-sheet, but goes out of the way to defend the CBI against the charge of conducting fresh investigation without prior permission of the Court and filing a fresh charge-sheet ‘under political pressure’. This is precisely what Shri Mulayam Singh Yadav had charged in public and on the floor of the Parliament.
The All India Muslim Majlis-e-Mushawarat (AIMMM) is of the view that the SCA is not adequate nor in keeping with the public stand of the Chief Minister in the past, nor based on the facts within the knowledge of the Government of UP about the course of events since the erroneous Order of the High Court.
The AIMMM requests Shri Mulayam Singh Yadav to instruct the UP Counsel to submit to the Supreme Court that:
1. The leaders of the RSS, the BJP, the VHP, the Shiv Sena and the Bajrang Dal were parties to the conspiracy which led to the Demolition.
2. The State Government considers the Order of the Allahabad High Court on the technical flaw to be erroneous and to expedite the case, it is prepared to issue a revised notification as suggested by the Hon’ble High Court.
3. The Supreme Court may recall its Order confirming transfer of Case No. 197/92 to the Court in Rae Bareli and allow the Special Court, Lucknow, to deal with the Consolidated Case.
Sd/- Syed Shahabuddin
ALL INDIA MUSLIM
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