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Babri demolition case: SC extends tenure of trial court judge, asks to deliver verdict within nine months

July 19 (AZINS) The trial judge hearing the criminal case pertaining to Babri Masjid demolition against LK Advani,  MM Joshi,  Uma Bharti and others has been granted an extension by SC to continue beyond his retirement till the trial is complete and judgment delivered. 

The SC bench or Justices RF Nariman and Surya Kant even fixed deadlines asking evidence by both sides to complete in six months and judgment preferably within nine months from Friday, July 19.  The judge was due to retire on September 30 this year and wrote to SC on May 25 seeking an extension. 

Following the Court order the UP govt will pass necessary orders within four weeks in consultation with the Allahabad HC. The Chief Secretary shall inform compliance of Court's direction by filing an affidavit after four weeks.The UP govt informed Court that the state government rules do not permit extension to be given to a judicial officer.  This prompted the court to use its wide power under Article 142 to order extension for the judge citing public interest. 

On April 19, 2017, the top court had ordered day-to-day trial to be concluded in two years in the politically sensitive 1992 Babri Masjid demolition case. While dubbing the demolition of the medieval era monument as a "crime" which shook the "secular fabric of the Constitution", it had allowed the CBI's plea on restoration of criminal conspiracy charge against the VVIP accused. However, the top court had said Kalyan Singh, who is currently the Governor of Rajasthan and during whose tenure as Chief Minister of Uttar Pradesh the disputed structure was razed, is entitled to immunity under Constitution as long as he remained in gubernatorial position.

The court had come down heavily on the CBI for the delay of 25 years in the trial and said, "The accused persons have not been brought to book largely because of the conduct of the CBI in not pursuing the prosecution of the aforesaid alleged offenders in a joint trial, and because of technical defects which were easily curable, but which were not cured by the State Government." Issuing a slew of directions, it had said that "the proceedings (against Advani and five others) in the court of the Special Judicial Magistrate at Rae Bareilly will stand transferred to the Court of Additional Sessions Judge (Ayodhya Matters) at Lucknow." Besides the three leaders, the accused, against whom the conspiracy charge was invoked, were Vinay Katiar, Sadhvi Ritambara, Vishnu Hari Dalmia, who were being tried at Rae Bareilly.

With PTI inputs

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