NEW DELHI: The Supreme Court on Thursday reserved its order on CBI's plea for revival of conspiracy charges against Advani and other leaders in Babri Masjid demolition case.
A bench of Justices P C Ghose and R F Nariman heard the arguments by both sides at length before reserving the order.
During the hearing, the bench indicated that it is open to the idea of putting L K Advani, Murli Manohar Joshi and others on trial.
The bench also expressed concern over the delay in completing the trial and observed that the case had been pending for 17 years due to technical defects and "we want to do justice by using our powers in the Constitution".
The court also said that the trial could be held on a day-to-day basis at Lucknow so that the case be wrapped up within two years.
The bench also observed that it can use its powers under the constitution under Article 142 that gives the court a free hand to pass any direction.
Senior advocate K K Venugopal appearing on behalf of Advani opposed the court's hint that it might invoke its powers under Article 142 said, “By using that, more than a million people lost their jobs (giving reference to the ban on selling and serving liquor near highways across the country). There was no case against Advani. Is it a case that I conspired with one lakh Karsevaks?"
Senior advocate Kapil Sibal, arguing for petitioner Haji Mehboob, said the trial need not start anew.
“A joint trial would require only the granting of the right to an accused to recall and cross-examine witnesses. It does not require fresh charge sheet and framing of charges all over again,” Sibal argued.
The court was hearing the plea filed by CBI who had challenged the Allahabad High Court order in May 2010 confirming the lower court's decision to drop conspiracy charges against the BJP veterans and discharge them from the case.
Last month while hearing the case, the bench had observed, “We will not accept the discharge of Advani and others on technical grounds. We will allow you (CBI) to file a supplementary charge-sheet against 13 persons by including the conspiracy charges. We will ask the trial court to conduct a joint trial.”
Altogether, 13 persons including Advani, Joshi and Bharti were discharged of conspiracy charge in the case, the trial of which is being held at a special court in Raebareli. The second case pertains against unknown 'karsevaks' who were in and around the disputed structure and the trial was being held at a court in Lucknow.
The appeals were filed by Ahmad and CBI against dropping of conspiracy charges against Advani, Joshi and 19 others for demolition of the disputed structure on December 6, 1992.