India: Why Did the Investigation Agency Drop Charges Against the Wrath Yatra Man - LK Advani

How Advani dodged criminal charges

by Vrinda Gopinath
(expressbuzz.com, 02 December 2009)

For the last 17 years, ever since the orchestrated and conspired demolition of the Babri Mosque in Ayodhya by kar sevaks, it has been an artful L K Advani, who led the violent Ram Janmabhoomi movement that culminated in the demolition, who has dodged the courts, his kar sevaks, the sants, sadhus, and Hindutva groups like VHP, Bajrang Dal, and the like, on his commitment to the building of the Ram Temple at the Babri site. Advani has swung from shedding crocodile tears about the demolition saying December 6, 2002, was the “saddest day of his life” to being suddenly proud leading the murderous Rath Yatra in his Toyota chariot in the late 80s-to early 90s, which left a trail of death, destruction and communal rioting.

And so, in his characteristic duplicitous way, it was a desperate Advani last week, who tried to recast himself yet again as the Hindutva Honcho, when he declared in Parliament in the midst of the leak of the Liberhan report (which looked at events leading to destruction of Babri), “I am proud for my association with the Ram Janambhoomi movement….Setting up a grand Ram Temple in Ayodhya in keeping with the aspirations of a large number of people is the aim of my life and I will keep on pursuing it, till it happens,” Advani told agitating MPs. If Advani was teary earlier only to project a moderate image of himself (he had uttered the words in Pakistan), today he is sending a fervent message to the RSS, which has tersely asked him to step down as Leader of Opposition in the Lok Sabha, and let a younger leader take over.

So, while Advani continues to fool his Hindutva cronies, how has the veteran 82-year-old BJP leader evaded any indictment, notice, or even censure from the courts and the law agencies? As the Lok Sabha readies to debate the Liberhan Commission findings, here’s a look on how Advani dodged criminal proceedings.

1. Anju Gupta’s testimony and its reversal: The young IPS officer was Advani’s security-in-charge on Dec 6, 1992. Her testimony to the police was damning — Gupta, who was on the dais with Advani, recounted how Advani incited kar sevaks when he arrived, provoking them further as he spoke. She also said she did not see any BJP leader making any effort to stop the demolition of the structure and added that Advani was only appealing to kar sevaks to come down afraid the falling domes would kill them. Gupta said Advani also participated in the celebration over the demolition, being hugged and congratulated by other leaders.

However, the spunky IPS officer’s testimony was overturned on its head by Rae Barelli Magistrate V K Singh, where the Babri case is still being heard, who used her testimony selectively to discharge Advani. Sample: Anju Gupta said: ‘‘I saw some boys near Kuber Tola carrying different implements and moving towards the structure. Then Advani asked me what was happening inside the mosque...’’

The magistrate used this to conclude that ‘‘Advani was unaware of the demolition,’’ ignoring the rest of her statement that Advani was only trying to find out what was happening ‘‘inside’’ the structure as the demolition from the top was anyway visible from where the leaders were sitting.

2. Splitting VVIP Accused and Kar Sevaks: On May 4, 2001, Srikant Shukla, the Sessions Judge at Lucknow, Srikant Shukla, zealously overturned a high court order to set the VVIP leaders free. The Allahabad High Court had merely struck down the transfer of the speeches case (198) from Rae Barelli to Lucknow. Shukla went beyond it and dropped even the conspiracy charge in Case No.197 (demolition) before him. Shukla confined FIR 197 (demolition) to kar sevaks alone; ignored the conspiracy charges and exonerated the leaders. They were held accountable only in FIR 198 (speeches) which he could not try. Any wonder the kar sevaks have dumped the BJP and its leaders?

3. Advani dropped from VVIP accused list too: It was the pliant Rae Bareilli magistrate VK Singh, who comes to Advani’s rescue once again, when he says that since “two views” emerge on the prima facie charge against Advani on his role in the Babri demolition, and since the case against him is based on “mere suspicion” and not “grave suspicion” he deserves to be acquitted on the charges. However, Singh contended, “serious suspicion exists against accused Dr Murli Manohar Joshi, Ashok Singhal, Vishnu Hari Dalmiya, Acharya Giriraj Kishore, Sadhvi Uma Bharati, Vinay Katiyar and Sadhvi Ritambara, which the said accused have been unable to explain, therefore in the light of the said ruling, a prima facie case is made against the accused Dr. Murli Manohar Joshi, and the rest.”

The magistrate, in effect, tried Advani on merits rather than framing charges against him since a prima facie case was disclosed warranting a full trial, say legal eagles. For, only at the end of trial is the accused entitled to benefit of the doubt. Any wonder why Uma Bharati and M M Joshi have taken on Advani?

4. CBI drops charge: The CBI had filed a charge-sheet in court against Advani and other accused, on October 5, 1993, charging them with conspiring to demolish the mosque, and it submitted a detailed, damning charge-sheet in court on October 5, 1993. It explicitly said: “Investigations revealed that on 5.12.1992, a secret meeting was held at the residence of Shri Vinay Katiyar which was attended by S/Shri L.K. Advani, Pawan Pandey, etc. Wherein a final decision to demolish the disputed structure was taken.” But 10 years later, on May 30, 2003, the CBI drops the conspiracy charge and criminal proceedings against then Home Minister L K Advani and in its “supplementary” chargesheet that it presented to the Rae Bareilli court.