Babri Demolition Case: Justices P C Ghose and Rohinton Nariman To Hear the Case Tomorrow

The Supreme court today adjourned the hearing of the criminal case pertaining to demolition of Babri Masjid to tomorrow as the original bench of the part-heard matter was not available today.

The matter was being heard by Justices P C Ghose and Rohinton Nariman.

Today surprisingly the matter was listed before the bench of Justice Ghose and new judge Justice Deepak Gupta.

"We cannot hear the matter today as my brother judge in the matter is not with me" Justice Ghose said deferring the hearing to tomorrow.

Live Law had done a story yesterday expressing surprise at the listing of the matter before a bench in which Justice Nariman was not a member.

On March 6, the date of earlier hearing, the court had asked CBI why conspiracy charges cannot be restored against BJP and RSS leaders L K Advani, Murali Manohar Joshi, Uma Bharti, Kalyan Singh, Vinay Katiyar and 15 other leaders . It had also hinted that it would club the two separate hearings going on in Rae Bareli and Lucknow courts.

The court had adjourned the matter to today to pass a formal order.

CBI had charge sheeted 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 added charges under section 120B (criminal conspiracy) of IPC which was quashed by the special court whose decision was upheld by the Allahabad High Court.

The special court had dropped framing of charges by the Lucknow court on a technical ground that the court was not set up as per a proper notification by the government.

CBI challenged in SC on May 21, 2010 the order of HC dropping conspiracy charges.

The court is also hearing a separate petitioin filed by one Haji Mahboob Ahmad, President of Mahafiz-Masjid-Wa-Maqabir’ and Muddai Babri Masjid which claimed that with the BJP regime and a “participant” Rajnath Singh as Home Minister, CBI, the original petitioner against dropping of criminal conspiracy charges may not press for its restoration.