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Tuesday, November 20, 2001

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SC notice to Uttar Pradesh in Babri Masjid case

By Our Legal Correspondent

NEW DELHI, NOV. 19. The Supreme Court today issued notice to the Uttar Pradesh Government and the Central Bureau of Investigation on two petitions challenging the order of the Allahabad High Court quashing framing of charges in the ``Babri Masjid demolition case'', against the Union Ministers, Mr. L.K. Advani, Dr. Murli Manohar Joshi, and Ms. Uma Bharti, and other leaders of the Vishwa Hindu Parishad.

A Bench comprising Mr. Justice G.B. Pattanaik and Mr. Justice N. Santosh Hegde granted four weeks to the respondents to file their reply to the petitions filed by noted journalist Mr. Kuldip Nayar, Rajya Sabha member, and Society for Justice, a non- governmental organisation.

The petitioners challenged the February 12 order of the single Judge of the Lucknow Bench of the High Court quashing the framing of charges against the three Ministers, the VHP and the Bajrang Dal leaders, Mr. Ashok Singhal, Mr. Giriraj Kishore, Mr. Vishnu Hari Dalmia, Mr. Vinay Katiyar and Sadvi Rithambara in the FIR registered at Ayodhya in connection with the demolition of the structure. The petitioners contended that the High Court had quashed the framing of charges and the trial on the basis of minor technicalities and this could not be allowed to trample upon the rule of law and the course of justice.

They submitted that this was a fit case for the Supreme Court to interfere as the offence allegedly committed by the accused persons was serious and they could not be allowed to go scot free on a ``trifle technical ground''. They further said that though the High Court had observed that the technical defect could be cured even at this stage by the State Government, the BJP Government was not doing anything since many top leaders of its party were involved in the case.

They sought a direction to the State Government to take necessary steps to correct the mistake pointed out by the High Court so that the accused persons could be tried for their alleged offence.

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