Main case intact: experts

By Vinay Kumar

NEW DELHI, FEB. 12. The setting aside of the notification for trial against the eight accused, including Mr. L. K. Advani, Dr. Murli Manohar Joshi, Ms. Uma Bharti and others, in the Babri Masjid demolition case is no cause for rejoicing by the BJP stalwarts as the main chargesheet stays, say legal experts.

Sources in legal circles note that the Lucknow Bench of the Allahabad High Court has set aside the notification purely on ``technical grounds'', observing that the defect was ``curable''.

Considering that the case has proceeded over the past eight years at snail's pace and the legal challenges it has thrown up, there are ample possibilities of yet another argument coming up. The next question could well be whether the trial has been vitiated or not by the High Court's order. A legal tussle on this aspect alone appears likely to go on in the courtroom. The next hearing before the special court is slated for February 25.

CBI sources say the Lucknow Bench has not made any comment on the merit of, evidence or the chargesheet filed in the main case - 197/92, registered on December 6, 1992 at the Ramjanmabhoomi police station at Ayodhya. It is a comprehensive case dealing with conspiracy, demolition, rioting, inflammatory speeches and slogan shouting.

The second case, 198/92, also registered the same day named Mr. Advani, Dr. Joshi, Ms. Uma Bharti, Mr. Vinay Katiyar and four others.

Today's order sets aside the notification on the ground that it was not issued in consultation with the High Court which, legal sources point out, is a ``technical defect.'' It is only the ``corollary'' which has been found defective, while the main case of conspiracy, rioting, inflammatory speeches and demolition remains intact.

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