Former Supreme Court judge Justice Rohinton Nariman Yesterday (Dec 5) recounted how the political heavyweights of the Bharata Janata Party (BJP) accused of conspiring to orchestrate the demolition of Babri Masjid mosque in 1992, were acquitted by the trial court despite Supreme Court’s interventions. He narrated how he, as a Supreme Court judge, had passed orders restarting the trial which lay dormant for nearly 25 years.
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NEW DELHI: Former Supreme Court judge, Justice Rohinton Nariman, delivered a thought-provoking address recounting the controversial acquittal of key political figures from the Bharatiya Janata Party (BJP) accused in the 1992 Babri Masjid demolition case.
Despite significant judicial interventions, including his own, Justice Nariman highlighted how the case unfolded and eventually led to all accused being absolved of charges.
“This is the state of affairs in this country,”
-he remarked, reflecting on the broader implications of the judiciary’s role in politically sensitive cases.
Background: Babri Masjid Demolition and FIRs
Justice Nariman was speaking at the Ahmadi Foundation inaugural lecture, honoring Justice AM Ahmadi, the 26th Chief Justice of India. The lecture also coincided with the release of a biography on Justice Ahmadi, titled The Fearless Judge. Addressing the topic of “Secularism and the Indian Constitution,”.
Justice Nariman detailed the sequence of events that followed the demolition of the Babri Masjid, a pivotal event in India’s modern history that, in the Supreme Court’s words, “shook the secular fabric of the Constitution of India.”
He explained that two First Information Reports (FIRs) were filed immediately after the demolition:
- FIR 197: Focused on the acts of Kar Sevaks who physically destroyed the mosque.
- FIR 198: Targeted senior BJP leaders, including LK Advani, Kalyan Singh, Murli Manohar Joshi, and Uma Bharti, accusing them of instigating the Kar Sevaks.
“As soon as the mosque was broken down, two FIRs were lodged. One, FIR 197, concerned acts of Kar Sevaks who came and chiseled down the mosque. And the other, FIR 198, was against senior leaders of BJP LK Advani and co, exhorting the Kar Sevaks to do so,”
-Justice Nariman explained.
A Dormant Case Revived by the Supreme Court
Justice Nariman revealed how the case stagnated for 25 years before it came under his purview by chance in 2017 while he was sitting with Justice Pinaki Chandra Ghose.
“Until it came to me in 2017 quite by chance – when I was sitting with Justice Pinaki Chandra Ghose – nothing had taken place with regard to these two FIRs, for 25 years. It was astounding,”
-he shared.
The trials for FIRs 197 and 198 were being conducted separately due to procedural lapses. This division omitted the crucial criminal conspiracy charge (Section 120B of the Indian Penal Code). Justice Nariman detailed how these procedural flaws originated:
“What happened was. You had to constitute a special court to try these offences. Now to constitute that special court by consulting the High Court. So it was done with respect to FIR 197 but omitted to do so as regards FIR 198. The result was what was to be a joint chargesheet and joint trial got bifurcated. This defect could have been rectified but State government did not do so. The result was another chargesheet had to be filed in Rae Bareli against the eight leaders. So now there were two criminal trials going on, one in Lucknow and another in Raebareli and the criminal conspiracy charge which was common to both was out of the window,”
-he elaborated.
Judicial Intervention Under Article 142
Faced with this situation, Justice Nariman’s Bench invoked Article 142 of the Constitution to ensure justice was served. They ordered a single, joint trial and reinstated the conspiracy charge:
“So now when all this ultimately came to us (in Supreme Court), we used our powers under Article 142 – I wrote the judgment – and held transfer the Raebareli proceedings to Lucknow, reinstate the criminal conspiracy charge (120B of Indian Penal Code), and have one special judge trying this matter day to day with no adjournments and that the judge will not be transferred come what may and all this must be completed within 2 years,”
-he recounted.
A Judgment Deferred and Disputed
The Supreme Court ensured that the trial judge, Surendra Yadav, was not transferred and even extended his tenure to facilitate the delivery of the verdict.
“The special judge applies to us again after 2 years and we said ‘alright we will give you little more time’. What was not known to us was he was due to retire. So once again 142 came to the rescue and we made an unprecedented order that he will not retire until he gives the judgment. So we caught him by the scruff of the neck and said ‘you will go to judgment’,”
-Justice Nariman remarked.
Despite these efforts, the special court in September 2020 acquitted all accused, citing insufficient evidence from the Central Bureau of Investigation (CBI) to prove a conspiracy.
“And it took him 3.5 years to go to judgment and you know what he did – acquitted everybody. And after acquitting everybody, he retired and was made Upa Lokayukta in the State of UP,”
-Justice Nariman reflected.
Broader Implications
Justice Nariman’s remarks underscore critical issues regarding judicial processes, accountability, and secularism in India. His candid acknowledgment of procedural lapses and his frustration with the ultimate outcome resonate as a critique of the system.
“After acquitting everybody, he retired and was made Upa Lokayukta in the State of UP. This is the state of affairs in this country,”
-he concluded, pointing to systemic challenges that continue to shape India’s legal and political landscape.
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