<p>A Bench of Justices V S Sirpurkar and T S Thakur issued notices to 21 accused seeking their replies within four weeks.<br /><br />The apex court initially seemed inclined to reject CBI’s application during the hearing but Solicitor General Gopal Subramanium, appearing for the probe agency, succeeded in convincing it to issue the notices against them.<br /><br />The CBI has moved the apex court against the Allahabad High Court’s order of May 20, last year dismissing the CBI’s plea for revival of criminal conspiracy charges against top BJP and Sangh Parivar leaders, including Ashok Singhal, Giriraj Kishore, Vinay Katiyar, Vishnu Hari Dalmiya, Sadhvi Rithambara and Mahant Avaidya Nath.<br /><br />In his arguments, Subramanium contended that the order passed by the High Court had resulted in serious miscarriage of justice and violated the principle of consolidated investigation and consolidated charge sheet.<br /><br />He also submitted the order had affected an effective trial in the matter.<br />“You can’t take the clock back. Why has the state government not issued fresh notification? What were you doing since 2001 to 2011,” the Bench observed.<br /><br />According to the High Court, CBI’s revision petition challenging the May 4, 2001 order of the special court that directed dropping of criminal conspiracy charges against them, was without merit. <br /><br />The special court had declined CBI’s plea on the ground that it did not have the power as per the Government notification to try the accused.<br /><br />There are two cases — one against Advani and others who were on a dais in Ayodhya in December 1992 when the Babri Masjid was demolished, while the other case was against unknown ‘karsevaks’ who were in and around the disputed structure.<br /></p>
<p>A Bench of Justices V S Sirpurkar and T S Thakur issued notices to 21 accused seeking their replies within four weeks.<br /><br />The apex court initially seemed inclined to reject CBI’s application during the hearing but Solicitor General Gopal Subramanium, appearing for the probe agency, succeeded in convincing it to issue the notices against them.<br /><br />The CBI has moved the apex court against the Allahabad High Court’s order of May 20, last year dismissing the CBI’s plea for revival of criminal conspiracy charges against top BJP and Sangh Parivar leaders, including Ashok Singhal, Giriraj Kishore, Vinay Katiyar, Vishnu Hari Dalmiya, Sadhvi Rithambara and Mahant Avaidya Nath.<br /><br />In his arguments, Subramanium contended that the order passed by the High Court had resulted in serious miscarriage of justice and violated the principle of consolidated investigation and consolidated charge sheet.<br /><br />He also submitted the order had affected an effective trial in the matter.<br />“You can’t take the clock back. Why has the state government not issued fresh notification? What were you doing since 2001 to 2011,” the Bench observed.<br /><br />According to the High Court, CBI’s revision petition challenging the May 4, 2001 order of the special court that directed dropping of criminal conspiracy charges against them, was without merit. <br /><br />The special court had declined CBI’s plea on the ground that it did not have the power as per the Government notification to try the accused.<br /><br />There are two cases — one against Advani and others who were on a dais in Ayodhya in December 1992 when the Babri Masjid was demolished, while the other case was against unknown ‘karsevaks’ who were in and around the disputed structure.<br /></p>
