Date:19/07/2005 URL: http://www.thehindu.com/2005/07/19/stories/2005071912740100.htm

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Hearing in Ayodhya case adjourned

Legal Correspondent

NEW DELHI: The Supreme Court on Monday adjourned to August 12 hearing of a petition challenging the dropping of the `conspiracy' charge against BJP president L.K. Advani in the Babri Masjid demolition case by a Rae Bareilly special court.

A three-judge Bench comprising Justice K.G. Balakrishnan, Justice Arun Kumar and Justice G.P. Mathur adjourned the hearing after a mention was made by the counsel for parties.

The court had in September 2003 issued notice to Mr. Advani, the Central Bureau of Investigation (CBI) and others on a writ petition filed by advocate Wajahat Ansari challenging the dropping of `conspiracy' charge in the supplementary charge sheet.

The petitioner said he was aggrieved by the CBI action in filing a fresh charge sheet on May 30, 2003, deleting the charge of `conspiracy' (under Sec. 120 B of the Indian Penal Code) because the same was gross and shocking abuse of the due procedure of law.

Review petition

He said that when the apex court was seized of the review petition, the trial should have proceeded on the basis of the original composite charge sheet filed by the CBI on October 4/5, 1993 under Section 120 B read with other sections of the IPC. But, taking advantage of the apex court's order of November 29, 2002, permitting the trial to proceed in Rae Bareilly court, the CBI, under political pressure, had submitted a truncated charge sheet omitting the conspiracy charge, he said.