Babri Masjid case: Criminal conspiracy charges against BJP leaders is not a big deal
The Babri Masjid demolition case took a fresh turn at the Lucknow trial court on May 30, following the Supreme Court order which had stated veteran Bharatiya Janata Party (BJP) leaders LK Advani, Murli Manohar Joshi, Uma Bharti, Kalyan Singh, among others would be tried for criminal conspiracy.
While the Lucknow trial court granted bail to Advani, Joshi and Bharti, it rejected discharge applications by the trio and three others who pleaded not guilty.
But one must understand that the proceedings at the trial court were indeed a matter of mere procedure. Nothing substantial has happened as far as the proceedings in themselves are concerned. These are obvious formalities at the level of trial court. There was much hue and cry over the Supreme Court order when the top court had held the criminal conspiracy charges against the senior BJP leaders.
But legally speaking, the mere addition of 120 B or criminal conspiracy is not a huge setback. Rather the argument or the contention is more political in nature. When top leaders of the BJP are tried for criminal conspiracy, it implies that it wasn't just an angry, hostile mob that took down the disputed structure but a political and concerted effort at play.
The task of the trial's completion is also a humungous one. About 800 witnesses need to be examined, and those who have undergone a probe will have to recalled because more accused have been named in the case.
The charge of criminal conspiracy also implies that the CBI will have a much-challenging task to put forth the evidence and to satisfy the court as it will have to prove concerted effort towards a common crime.
With such a wide ambit, hundreds of witnesses and the decades which have passed, the challenges of the investigating agencies have only multiplied.
The Supreme Court has set a deadline of two years to give the final verdict and put in place strict conditions. The judge cannot be transferred, unreasoned adjournments cannot be taken into consideration and the parties are free to directly move the Supreme Court on violation of orders.
The devil is in the details. And the million-dollar question is whether the CBI will be able to make a watertight case despite the politics surrounding the decades-long issue.
One must not forget that like the judiciary and police, the CBI is also severely understaffed. One wonders whether the "caged parrot" is equipped to deal with the herculean challenge.