A case history

1992

December 6, 12-15 p.m.: The Babri Mosque is demolished by kar sevaks.

December 6, 5-15 p.m.: First Information Report (FIR) filed against "lakhs of unknown kar sevaks" for demolition and spread of communal hate. This becomes Case No.197.

December 6, 5-25 p.m.: Second FIR filed. This becomes Case No. 198. There are eight accused persons - L.K. Advani, M.M. Joshi, Uma Bharati, Ashok Singhal, Giriraj Kishore, V.H. Dalmia, Vinay Katiyar and Sadhvi Ritambara. The FIR alleges that they delivered communally inflammatory speeches at 10 a.m. prior to the demolition and hence guilty of offence under Section 153 A of the Indian Penal Code. Forty-seven other FIRs are filed for offences committed by kar sevaks against mediapersons.

December 12: Investigation with regard to Case No. 197 of 1992 is entrusted to the CBI, following the State government's request.

1993

July 8: The State government, after consulting the High Court, issues a notification transferring the sitting of the Special Court at Lalitpur to try the case relating to Case No.198 to Rae Bareli.

August 26: The Central government entrusts the investigation of Case No.198 to the CBI.

September 9: The State government, after consulting the High Court, issues a notification establishing a Special Court at Lucknow to try cases arising out of Case No.197 and 47 other cases.

October 5: The CBI files a consolidated charge-sheet before the Special Court at Lucknow against all the eight accused in Case No.198, 32 accused in Case No.197 of 1992 and 47 related cases.

October 8: The Special Court at Lucknow is given jurisdiction with respect to Case No.198 of 1992.

1994

January 25: The Rae Bareli court transfers judicial record of Case No.198 to Special Court at Lucknow.

1997

September 9: Additional Sessions Judge J.P. Srivastava of the Special Court at Lucknow orders the framing of charges, including that of criminal conspiracy, against 49 accused as per the CBI's consolidated charge-sheet, tracing events since 1990.

2001

February 12: Justice Jagdish Bhalla of the Lucknow Bench of the Allahabad High Court sets aside Judge Srivastava's order taking cognisance of the case relating to Case No.198 of 1992 on the grounds that the High Court had not permitted the Special Court to try the case. The court says this technical flaw in the issue of notification on October 8, 1993 is curable, and it is for the State government to cure the legal infirmity.

May 4: The Sessions Judge at Lucknow, Srikant Shukla, decides to proceed with the trial against only 28 of the accused in Case No. 197, on the plea that following Justice Bhalla's order, the remaining 21 accused will be proceeded against in Case No.198. The 47 FIRs for crimes against mediapersons are clubbed together with Case No.197, which, Judge Shukla reasons, will exclude the conspiracy charge. Advani and other leaders are out of the purview of Case No.197. (The CBI's petition challenging this decision is pending in the Allahabad High Court and the trial has been stayed by the High Court.)

2002

September 28: The Bahujan Samaj Party-Bharatiya Janata Party coalition government led by Chief Minister Mayawati issues a notification, dated September 28, 2002, appointing a Special Judge to the Rae Bareli court to hear Case No.198.

November 19: A three-member bench of the Supreme Court upholds the Mayawati government's decision.

2003

May 30: The CBI files a fresh charge-sheet against the eight original accused in Case No.198 at the Rae Bareli court, dropping conspiracy charges against them. The charge-sheet does not name the 13 accused (who were earlier named in Case No.197) who Lucknow Sessions Judge Shukla decreed could be tried for conspiracy charges under Case No.198.

September 19: Special Judicial Magistrate Vinod Kumar Singh of the Rae Bareli court absolves Advani of all charges, giving him the benefit of the doubt, but orders framing of charges against the other seven accused in Case No.198.

2005

July 6: Justice Y.R. Tripathi of the Lucknow Bench of the Allahabad High Court sets aside the order discharging Advani and directs trial against all the accused on the basis of a petition filed by Haji Mahboob and Haji Mohammed Siddique. The court vacates the stay on the proceedings at the Rae Bareli court.