CBI case ‘abuse of process of law’: Advani to SC

CBI case ‘abuse of process of law’: Advani to SC

Bharatiya Janata Party (BJP) leader L.K. Advani and his colleagues accused in the 1992 Babri Masjid
demolition case have told the Supreme Court that a CBI plea that challenged the quashing of
conspiracy charges against them amounted to abuse of process of law.

The Central Bureau of Investigation (CBI) has challenged an Allahabad High Court order upholding the
quashing of conspiracy charges against them by a Lucknow Special Court (Ayodhya Prakaran).

The apex court bench of Justice H.L. Dattu and Justice C.K. Prasad took exception to Additional
Solicitor General Vivek Tankha describing the matter as a famous Babri Masjid case and said that
"it was neither famous nor infamous but an incident that had happened".

The first (197/1992) was registered against “lakhs of kar sewaks and unknown persons” for serious
offences, including robbery or dacoity with attempt to commit murder, causing hurt by an act
endangering life or safety of others, deterring a public servant from doing duty, and promoting
enmity between different religious groups. The most severe of these offences can get the offender
up to 10 years in jail.

The second (crime 198/1992) was against eight individuals, including Ashok Singhal, Giriraj Kishore,
L K Advani, Murli Manohar Joshi Vishnu Hari Dalmiya, Vinay Katiyar, Uma Bharti and Sadhvi Ritambhara
for promoting enmity, making imputations and assertions prejudicial to national integrations and
statements conducing to public mischief. Maximum punishment, if found guilty for these offences,
is up to five years’ imprisonment.