Babri Demolition Case: Allahabad HC Grants 2 Weeks' Time To CBI, State Govt To File Objection On Appeal Against Acquittal Order
The Allahabad High Court on Monday granted 2 weeks' time to the CBI and the State Government to file their objections on a criminal appeal filed against the order of the Special CBI Court at Lucknow that acquitted all 32 persons accused of hatching the criminal conspiracy behind the demolition of the Babri Masjid mosque on December 6, 1992.The plea, originally filed in 2021 as a criminal...
The Allahabad High Court on Monday granted 2 weeks' time to the CBI and the State Government to file their objections on a criminal appeal filed against the order of the Special CBI Court at Lucknow that acquitted all 32 persons accused of hatching the criminal conspiracy behind the demolition of the Babri Masjid mosque on December 6, 1992.
The plea, originally filed in 2021 as a criminal revision plea was directed to be treated as a criminal appeal on July 18, 2022, by the bench of Justice Dinesh Kumar Singh.
Essentially, the plea has been filed challenging the Judgment of the Special CBI Judge S K Yadav (delivered on September 30, 2020) holding held that the demolition of the mosque was not premeditated and that there was no criminal conspiracy behind it.
The verdict, originally in the Hindi language went on to acquit persons including prominent BJP leaders L K Advani, Murli Manohar Joshi, Uma Bharati, Kalyan Singh etc.
Read more about the Judgment here: Babri Demolition Case : Anti-Socials Climbed On The Dome; They Can't Be Called Ram-Bhakts, Says Court
The plea has been filed by two Ayodhya residents - Haji Mahmood Ahmad and Syed Akhlaq Ahmad who claimed to have witnessed the demolition of the disputed structure on December 6, 1992.
Now, on Monday, the Bench of Justice Ramesh Sinha and Justice Saroj Yadav granted two weeks' time to the CBI and CBI to file their objections to the Plea and listed the matter for further hearing on September 5.
It may be noted that on July 18, when the revision plea came before the single judge, the Senior Counsel Syed Farman Ali Naqvi submitted that by an inadvertent mistake, the revision had been filed by the revisionists, who claim to be the victims and in view of the Amendment made in Section 372 Cr.P.C. w.e.f. 31st December 2009, the revisionists ought to have preferred an appeal.
It was his further submission that in the exercise of the powers under section 401(5) Cr.P.C., this court may treat this revision as the appeal of the revisionists.
Considering the aforesaid submission and after hearing Shiv P.Shukla, the counsel for the C.B.I., and Vimal Kumar Srivastava, counsel for the respondent-State, the revision was directed to be treated as an appeal under section 372 Cr.P.C.
Case title - Haji Mahboob Ahmad And Anr. v. State Of U.P. Thru. Home Secy. Lucknow And Ors