SC seeks report from trial judge on Babri Masjid demolition case involving BJP veterans

Agencies
September 10, 2018

New Delhi, Sept 10: The Supreme Court on Monday sought a report from a sessions judge in a Lucknow court on how he intends to complete the trial in the Babri Masjid demolition case involving BJP veterans L.K. Advani, M.M. Joshi and Uma Bharti within the April 2019 deadline.

A Bench of Justices R.F. Nariman and Indu Malhotra also sought the Uttar Pradesh government’s response on a plea of trial court judge S.K. Yadav, whose promotion was stayed by the Allahabad High Court on the ground that the apex court had directed him to complete the trial.

The court asked for the report from the judge in a sealed cover.

On April 19, 2017, the apex court had said BJP stalwarts Mr. Advani, Mr. Joshi and Ms. Uma Bharti would be prosecuted for serious offence of criminal conspiracy in the politically-sensitive 1992 Babri Masjid demolition case and had ordered day-to-day trial to be concluded in two years, that is April 19, 2019.

The apex court had dubbed the demolition of the medieval era monument a “crime” that had shaken the “secular fabric of the Constitution” and allowed the CBI’s plea on restoration of criminal conspiracy charge against the VVIP accused.

“There shall be no de novo [fresh] trial. There shall be no transfer of the judge conducting the trial until the entire trial concludes. The case shall not be adjourned on any ground except when the sessions court finds it impossible to carry on the trial for that particular date,” the apex court had then said.

Two sets of cases

There were two sets of cases relating to the demolition of the disputed structure on December 6, 1992. The first involved unnamed ‘karsevaks’, the trial of which is taking place in a Lucknow court, while the second set of cases relate to the leaders in a Rae Bareli court.

The apex court had ordered clubbing of the separate trials in the trial courts of Raebareli and Lucknow should be clubbed, to be conducted in Lucknow.

The conspiracy charge against 13 accused including Mr. Advani, Mr. Joshi and Ms. Bharti was dropped in the case, the trial of which was being held at a special court in Rae Bareli.

The second set of case was against unknown ‘karsevaks’ who were in and around the disputed structure and had pulled it down. The trial against them was being held in a Lucknow court.

The appeals were filed by one Haji Mahboob Ahmad (since dead) and the CBI against dropping of conspiracy charges against 21 accused including the top BJP leaders, eight of whom have died.

A supplementary charge sheet was filed against eight persons, but not the 13 who were discharged for plotting the demolition.

Conspiracy charges dropped

Besides BJP leaders Mr. Advani, Mr. Joshi and Ms. Bharti, conspiracy charges were dropped against Kalyan Singh (currently the Governor of Rajasthan), Shiv Sena supremo Bal Thackeray and VHP leader Acharya Giriraj Kishore (both have since died).

The others against whom the conspiracy charge was dropped include Vinay Katiyar, Vishnu Hari Dalmiya, Satish Pradhan, C.R. Bansal, Ashok Singhal (now deceased), Sadhvi Ritambhara, Mahant Avaidhynath (now deceased), R.V. Vedanti, Paramhans Ram Chandra Das (now deceased), Jagdish Muni Maharaj, B.L. Sharma, Nritya Gopal Das, Dharam Das, Satish Nagar and Moreshwar Save (now deceased).

The appeals have sought setting aside of the Allahabad High Court’s order of May 20, 2010, dropping section 120B (criminal conspiracy) under the IPC while upholding a special court’s decision.

The CBI had chargesheeted Mr. Advani and 20 others under sections 153A (promoting enmity between classes), 153B (imputations, assertions prejudicial to national integration) and 505 (false statements, rumours etc circulated with the intent to cause mutiny or disturb public peace) of the IPC.

It had subsequently invoked charges under section 120B (criminal conspiracy), which was quashed by the special court whose decision was upheld by the high court.

While upholding the special court’s order, the high court had said the CBI at no point of time, either during the trial at Rae Bareily or in its revision petition, had ever stated that there was offence of criminal conspiracy against the leaders.

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News Network
January 31,2020

New Delhi, Jan 31: Chief Economic Adviser K V Subramanian on Friday said India's GDP is expected to grow at 6-6.5 per cent next fiscal as the economic slowdown has bottomed out.

As per the first advance estimates released by the National Statistical Organisation (NSO), the country's economic growth is likely to hit an 11-year low of 5 per cent in the current fiscal ending March 2020.

The Economic Survey 2019-20, prepared by a team lead by Subramanian, has projected the GDP to expand in the range of 6-6.5 per cent during 2020-21.

The Indian economy has hit the bottom and it will see an uptick from here, he said in a media briefing post the Economic Survey.

Amidst a weak environment for global manufacturing, trade and demand, the Indian economy slowed down with GDP growth moderating to 4.8 per cent in the first half of 2019-20, lower than 6.2 per cent in H2 of 2018-19.

Based on NSO's first advance estimates of GDP growth for 2019-20 at 5 per cent, an uptick in GDP growth is expected in the second half of the fiscal, it said.

According to it, the uptick in second half of 2019-20 would be mainly due to ten positive factors like picking up of Nifty India Consumption Index for the first time this year, an upbeat secondary market, higher FDI flows, build-up of demand pressure, positive outlook for rural consumption, rebound of industrial activity, steady improvement in manufacturing, growth in merchandise exports, higher build-up of foreign exchange reserves and positive growth rate of GST revenue collection.

The survey also emphasised that merger of public sector banks may increase the financial strength of the merged entities, lower the risk aversion and result in lowering of lending rates.

Further, as the implementation of GST further settles down, the increased unification of the domestic market may reduce business costs and facilitate fresh investment.

Reforms in land and labour market may further reduce business costs, said the survey, presented a day before Sitharaman's Union Budget 2020-21.

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News Network
January 19,2020

Shirdi, Jan 19: Shirdi in Maharashtra will remain closed for an indefinite period from today in the wake of state Chief Minister Uddhav Thackeray's decision to develop Pathri town in Parbhani district as Sai Baba's birthplace.

However, Deepak Madukar Muglikar, Chief Executive Officer of Shri Saibaba Sansthan Trust, has said that Sai Baba Temple in Shirdi will remain open today and will not be impacted by the closure of the city.

"There are some reports in media that Sai Temple in Shirdi will remain closed on January 19. I want to clarify that it is just a rumor. Temple will remain open on January 19," Mr Muglikar said.

A call has been given for indefinite closure of Shirdi after Mr Thackeray's reported comment terming Pathri in Parbhani as Sai Baba's birthplace.

"Devotees will not face any difficulty if they come to Shirdi," said B Wakchaure, member of Saibaba Sansthan Trust.

Uddhav Thackeray has recently announced that Pathri will be developed as the birthplace of Sai Baba for religious tourism and also took a review meeting of the development plans in the Parbhani district.

One of the most popular religious destinations in the country, Saibaba Temple in Shirdi witnesses lakh of devotees visiting the holy site every year.

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News Network
March 13,2020

New Delhi, Mar 13: Delhi's Tis Hazari Court on Friday sentenced expelled Bharatiya Janata Party (BJP) MLA Kuldeep Singh Sengar and six others to 10 years imprisonment for the death of Unnao rape survivor's father. Sengar is already serving life imprisonment for raping the minor.

While sentencing them, District Judge Dharmesh Sharma said, "There can be no denying that rule of law was broken. Sengar was a public functionary and had to maintain the rule of law. The way the crime has been committed, it does not call for leniency."

Sengar and his brother Atul has been directed to give 10 lakh compensation to family of the victim for loss of their father. "There are four minor children involved, three girls and one boy. They have also been uprooted from native place," the judge said.

Seven people, including Sengar, his brother and two police personnel, were held guilty for culpable homicide and criminal conspiracy, earlier this month.

The case pertains to the death of rape survivor's father in custody on April 9, 2018. It was alleged that he was assaulted following a quarrel with some of the accused in the case.

He was taken to the police station and then framed for allegedly possessing an illegal firearm. Pursuant to this, he was sent to custodial remand, during which he died.

The case was transferred to Delhi from a trial court in Uttar Pradesh on the Supreme Court's directions in August last year. Both the death and illegal firearm case was later clubbed by the court.

During the arguments on sentencing on March 12, Sengar had told the court that he should be "hanged and acid poured into his eyes if he has done anything wrong".

The former MLA had also raped the daughter of the deceased in 2017 in Uttar Pradesh's Unnao district and was sent to jail for "remainder of his natural biological life", last year.

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