Just think about the psychological impact of May 20 order of Lucknow Bench of Allahabad High Court on the sufferers.
By rejecting the plea of the CBI to revive the conspiracy charge against those who conceived and executed the planned destruction of the Babri Masjid in December 1992, the Court has, sadly enough, failed to look at the sensitive issue in a wider perspective. This inevitably brings us to the question what was the basis of the May 2001 order of the Special Court, which directed the dropping of the criminal conspiracy charge against Mr. Advani, Mr. Joshi, Ms. Uma Bharti, Mr. Kalyan Singh and others. Among the other accused were Mr. Bal Thackeray, Mr Ashok Singhal, Mr. Giriraj Kishore, Mr. Vinay Katiyar, Ms. Sadhvi Rithambhra, Mr. Vishnu Hari Dalmia and Mahant Avaidyanath – 19 in all.
Mr Justice Alok Kumar found nothing against the correctness, legality, propriety or regularity in any respect in any of the findings of the lower court.
ABSOLUTELY CORRECT
Absolutely correct! Technically.
But conspiracy against the destruction of a 500-year old mosque in multi-religious Bharat is not an issue to be judged and decided in isolation, on mere technical grounds. The judgement on the crucial issue should have been based upon imaginative and visionary approach. And that is not a taboo in our judicial system. Justices of the yore kept this fact in view, so felt Mr M.C. Setalvad.
The unfortunate truth is that a bench headed by the recently retired Chief Justice Mr Justice K.G. Balakrishnan, in a judgement on March 22, 2007, on a PIL, seeking revival of the charge, had clarified that Section 120–B of the IPC, which dealt with criminal conspiracy, in fact, was never invoked in either of the two FIRs, registered by the UP police after the Babri Masjid demolition.
The judgement, recalls Mr S.S. Negi, (the Asian Age, May 22) was given on the PIL by Mr Mohammad Aslam Bhure, who had alleged that the charge of the criminal conspiracy was dropped by the CBI during the NDA regime when Mr Advani was the Home Minister. The Supreme Court, as stated above, had clarified that section 120–B was never invoked in either of the FIRs, registered in this regard.
However, some legal experts’ opinion is that the CBI can still ask the Supreme Court to undo what mischievously had been done by the UP police while filing the FIRs. We too are of the same opinion. The basis of our opinion is enormously material on the subject preserved in the print and electronic media. Add to it the latest evidence provided by Ms Anju Gupta, who was the Personal Security Officer of Mr Advani at the time of demolition. Ms Gupta has testified that the former Union Home Minister had made a joshila (fiery) speech which electrified the kar sevaks. She has also said that on December 5, 1992 the then Inspector General of Faizabad Zone Mr A.K. Sharma, had convened a security review meeting where, based on intelligence inputs, he had warned of a likely assault on the Babri Masjid the following day.
The Muslim leadership strongly feels that if the CBI brings all this evidence to the notice of the Supreme Court, the highest palladium of justice, would not hesitate in taking the necessary action for the sake of justice.
It goes without saying that the guilt of the two successive State Governments of UP, which did not, perhaps deliberately, care to rectify the technical flaw, is palpable. The Apex Court will definitely take cognizance of this conspiracy of silence.
SIGNIFICANT DEVELOPMENT
A significant development that has taken place after the Babri Masjid tragedy coupled with the attempted genocide in Gujarat in 2002 has unleashed an antediluvian thinking in subsections of the majority community. The thinking is that the fissiparous forces can get away after the crime. And there is nobody to punish them simply because they belong to the majority community. They commit crimes against humanity in a sophisticated manner. And as the Muslims and Islam are on evil days and evil tongues in the country, the discredit is credited to the account of Muslims.
THREE OUTFITS
So far three terrorist organisations belonging to our majority community brethren that have surfaced on the national scene are: Abhinav Bharat, Sri Ram Sene and Sanathan Sanstha. Their resources of funds are said to be dubious.
Sadhvi Pragya Singh Thakur, Lt Col Shrikant Prasad Purohit, Sudhakar Dwivedi, Rakesh Dhawde, Sameer Sharad Kulkarni, Sudhakar Omkarnath Chaturwedi, Shivnarayan Gopal Singh Kalsangra, Shyam Ravarlal Sahu, Ramesh Shivji Upadhayay, Ajay Raja Eknath Rahirkar, and Jagdish Chintaman Mhatre belonging to Abhinav Bharat are already behind bars.
Three bomb planters who are yet to be arrested are Ramchandra Gopalsingh Kalsangra, Sandeep Vishnu Dange and Praveen Muthalik.
The 11 charge sheeted in connection with the Diwali incident in Goa belong to Sanatan Sanstha. Some of them are Malagonda Patil, Yogesh Naik (killed in the blast when they were handling the bombs), Vijay Thakur, Vinay Patil, Dhananjay Ashtaker, Dilip Mangaonkar, Prashant Jurekar, Swami Akolkar, Jaiprakash alias Tunna Padre Patil.
Although Ram Sene is not a one-man show, its most important person is Pramod Muthalik, whose chief source of income, it is alleged, is riots, upheavals and disturbances organised by him on order.
A unique distinction of the Abhinav Bharat is its alleged intention to liquidate its ideological mentors. Why? Because their political arm, the BJP, could not fulfil its electoral promises with regard to Muslims.
According to investigations, they had allegedly conspired to kill the RSS top brass.
Here it seems appropriate to point out that they may or may not succeed in liquidating some of their ideological mentors, who would be naturally Hindu. But the assassins are bound to paint a picture of their enemies as if the crime had been committed by Muslims. Have they not done it in the past? The security agencies would do well to note this point.
Has the RSS also learnt any lesson from the revelations made by the Abhinav Bharat?
In the meantime, freeing the conspirators of the Babri Masjid demolition of the charge of conspiracy means sending a provocative message to the sufferers, among whom, the cynics, crooks and the frustrated have, long ago, put the moderates on the defensive.
WAKE UP CALL
The said terror outfits work in the manner their Zionist counterparts operate in the west. This internal enemy is out to destroy India’s plural character based upon democracy and secularism. Ignoring the wakeup call given by these observations may prove too costly to the country.
Powers that be! Are you listening?
One can wake up a sleeping person. But how to wake up a guy who is wide awaken?