Babri Masjid demolition: SC directs the trial judge to wind up the trial and pronounce the judgment by Sep 30

The Supreme Court on August 19 directed the Special Judge, CBI Court to conclude the proceedings and deliver the judgment latest by September 30 in the Babri Masjid demolition case in which senior leaders from the ruling Bharatiya Janata Party (BJP) at Centre and Uttar Pradesh namely, L K Advani, Murli Manohar Joshi, Uma Bharti and Kalyan Singh stand accused.

A three-judge bench of Justices Rohinton F Nariman, Navin Sinha and Indira Banerjee was considering a request of the special judge CBI to grant an extension to conclude the trial.

"Having read the report of Mr. Surendra Kumar Yadav, learned Special Judge, and considering that the proceedings are at the fag end, we grant one month's time, i.e., till 30th September, 2020, to complete the proceedings including delivery of judgment", the bench ordered.

The BJP leaders are facing trial for the 1992 demolition of Babri Masjid at Ayodhya in Uttar Pradesh. They have been charged for various offences under the Indian Penal Code (IPC) including promoting enmity between religious groups (section 153A), making statements affecting national integration (section 153B) or which are likely to cause public mischief (section 505).

Earlier the court had fixed August 31 as the deadline to pronounce the judgment.

Background-

On April 19, 2017, the apex court by invoking its inherent powers under Article 142 of the Constitution of India had directed the sessions court to complete the trial and deliver its judgment within a period of two years. The court had also transferred the trial pending in the Court of the Special Judicial Magistrate at Rae Bareilly to the Court of Additional Sessions Judge (Ayodhya Matters) at Lucknow to be heard together.

However, the trial could not be completed within two years as per the top court's order.

On July 19, 20219, the apex court, thus, had directed the Special judge CBI to deliver within nine months his judgment in the criminal case pertaining to the demolition of the Babri Masjid.

A request was again made by the Special Judge to extend the time to conclude the trial. On May 8, 2020, while granting more time to conclude the trial, a two-judge bench of the SC comprising Justices Rohinton F Nariman and Surya Kant noted:

"Despite nine months having expired from the aforesaid date, we still find, on a perusal of the letter dated May 6, 2020, written by Shri Yadav, learned Special Judge that even the evidence is not yet completed…"

It added, "we may indicate that video conferencing facilities are available and should be used by Shri Yadav in order to complete all evidence as well as applications that may be filed in that behalf..".

The bench further said, "It is up to Shri Yadav to control the proceedings in accordance with the law so that inordinate delay that is beyond the time frame that we now give, is no longer breached".

Taking the letter dated May 6, 2020, of the Special Judge into consideration, the apex court had extended the period to complete evidence and deliver judgment till August 31, 2020.

"We are cognizant of the fact that Shri Yadav is making all efforts in order that the trial reach a just conclusion. However, given the original time frame and the extended time frame, the effort must now be to complete the proceedings and deliver judgment latest by August 31, 2020", the SC had ordered.