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Advani, Joshi, Uma get reprieve in Babri case

Sharat Pradhan in Lucknow

The Lucknow bench of the Allahabad high court Monday set aside the constitution of a special CBI court trying 48 accused, including prominent Bharatiya Janata Party and Vishwa Hindu Parishad leaders, charge-sheeted in the eight-year-old Babri Masjid demolition case.

Hearing a review petition moved by eight of the 48 accused, Justice Jagdish Bhalla held the constitution of the CBI court as "improper and defective."

The judge said the government did not fulfil the mandatory requirement of seeking the permission of the chief justice of Allahabad high court before issuing the notification for the constitution of the special court.

Among those facing trial in the Babri Masjid demolition case are: Union Home Minister L K Advani, Union HRD Minister Murli Manohar Joshi, Sports and Youth Welfare Minister Uma Bharti, BJP member of Parliament Vinay Katiyar and four top VHP leaders.

Consequent to this order, proceedings against these eight accused have become infructuous.

CBI counsel P K Chaube said: "As the matters stand now, there is no case against these eight persons."

However, he maintained that the trial of 40 others charge-sheeted in the case would continue. "Since the matter relating to these 40 persons was referred to the special court through a separate notification issued on September 9, 1993 after obtaining the required permission of the chief justice, this case will continue."

The review petition was filed in 1997 after the special court framed criminal charges against each of the 48 accused of involvement in the Babri Masjid demoliton on December 6, 1992.

The demolition had sparked bloody communal riots across the country, leaving hundreds of people dead.

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