NEW DELHI: The Supreme Court on Tuesday reserved verdict on a petition seeking a review of its November 2002 judgment permitting the trial of Leader of the Opposition in the Lok Sabha L.K. Advani and seven others in the Babri Masjid demolition case to proceed in a Rae Bareli court instead of in a Lucknow court.

A Bench comprising Justices K.G. Balakrishnan, G.P. Mathur and R.V. Raveendran reserved ruling at the conclusion of arguments by Additional Solicitor-General Gopal Subramaniam, appearing for the Central Bureau of Investigation; O.P. Sharma, senior counsel for petitioner Mohd. Aslam Bhure, and other counsel.

Besides Mr. Advani, the accused are former Union Ministers Murli Manohar Joshi and Uma Bharti, and Vishwa Hindu Parishad leaders Ashok Singhal, Giriraj Kishore, Vishnu Hari Dalmia, Vinay Katiyar and Sadhvi Ritambara.

Soon after the December 6, 1992 demolition, two first information reports were registered — 197/92 (without naming kar sevaks and later naming 47 accused) and 198/92 (against Mr. Advani and seven others).

The Uttar Pradesh Government, in consultation with the Allahabad High Court, issued a notification on September 9, 1993 transferring crime no. 197/92 to a special CBI court. As 198/92 was not covered by this notification, an executive order was issued on October 8, 1993 for transfer of this case also. Till February 2001 trial in both cases proceeded in the same court.

The special court framed charges against 47 persons in the first FIR and against Mr. Advani and seven others in the second FIR. On revision, the High Court in February 2001 quashed the charges against Mr. Advani and seven others on the ground that the case transfer was made without consulting it and hence it was illegal. The trial continued against 47 persons.

Mr. Aslam Bhure filed a special leave petition in the Supreme Court against the High Court judgment, seeking a direction to the U.P. Government to issue a fresh notification for reviving the case against Mr. Advani and others and that the trial be held only in a Lucknow court as a composite charge sheet was filed by the CBI against all the accused.

During the hearing of this petition, the U.P. Government issued a notification that a special court created at Rae Bareli would hear case 198/92. On November 29, 2002, the apex court upheld the notification and disposed of the matter. Contending that trial against all the accused be held only in a Lucknow court, Mr. Aslam Bhure filed a petition seeking a review of the order. Even as this matter was pending, the High Court in 2005 passed an order directing Mr. Advani and others to face trial in the case and it is still pending in the Rae Bareli court.

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