Advani to face trial in Babri case

BJP's Ayodhya plan gets a jolt

The Babri mosque demolition today returned to haunt Bharatiya Janata Party (BJP) chief LK Advani when the Allahabad High Court set aside a trial court order discharging him in the case and also directed trial against eight others including Murli Manohar Joshi, Uma Bharti and Ashok Singhal.

Disposing of criminal revision petitions filed against Advani's discharge by a Rae Bareli court in September, 2003, Justice YR Tripathi also directed the former deputy prime minister to appear before the trial court on July 28 to "receive further directions".

"The criminal revision petition (filed by Haji Mehboob and Mohammed Siddique is allowed and the impugned order (of 2003) insofar as it relates to the discharge of Advani is set aside.

"It is directed that Advani along with criminal revision petitioners (MM Joshi, Uma Bharti, Vinay Katiyar, Ashok Singhal, Acharya Giriraj Kishore, Vishnu Hari Dalmiya and Sadhvi Ritambhara) shall also be charged and tried for the offences under Section 149 and sub-section (1) of 505 of Indian Penal Code ready with Section 149 in accordance with law," Justice Tripathi observed in his 45-page order.

Section 149 of the IPC deals with intention to provoke people for rioting, arson and indulging rioting with intention to create disorder, while sub-section (1) of 505 deals with delivering fiery speeches, which will hurt religious feelings and create discord among different communities.

Dismissing the revision petitions of the eight accused, other than Advani, as "being devoid of merit", Justice Tripathi also vacated the interim order of stay granted by him to them against the Rae Bareli court order for conduct of trial.

"The interim order, if any, shall stand discharged and the record of the court requisitioned in this case shall be sent forthwith to it with the direction that it try to dispose of this case expeditiously as already more than 12 years had elapsed since the incident took place and the case is still at the stage of framing of charges," the judge observed.

The September 19, 2003, order of the special CBI court in Rae Bareli headed by Special Judicial Magistrate VK Singh had held that charges under Section 149, 153-a and b (spreading communal harmony) and Section 505 of the IPC were not made out against Advani and discharged him.

His personal bond was cancelled and his sureties were released.

The order then led to resignation of Human Resource Minister MM Joshi, who had earlier taken the stand that those against whom the court upholds the framing of charges should give up their posts.