Shahabuddin's Letter to Neerja Chowdhury, 15 November, 2000


 

I have read your piece on the Babari Trio (Indian Express, 15 November, 2000). For better appreciation of the case, let me clarify that the Babari Trio have been taking shelter behind the fact that though they stand charge-sheeted, no charges have been framed, as in the case of the Gujarat Duo. But the question is: Why the charges have not been framed?

The charges have not been framed because some 30 accused, inciuding the Trio have filed a review petition in the Allahabad High Court on a technical point that the CBI's charge-sheet is based on a multiplicity of FIR's. The petition has been heard but the order has been deferred from time to time. But the Special Session Judge has been asked by the High Court not to proceed with the case till the order on this petition.

Thus, the accused have been saved from responding to the repeated summons of the Court to be present for framing of charges.

However, on the basis of the CBI charge-sheet, the empowered Court had not only taken cognizance of the charge-sheet and found a prima facie case but committed the accused for Sessions trial. Is it moral to evade the judicial process on serious charges on a technical point?

If the Trio is innocent, why shouldn't they face the trial and prove their innocence?

Incidentally, the real charge against L.K. Advani is not limited to presence at the Demolition and moral support to the Karsevaks but of complicity in a conspiracy to demolish the Masjid.





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