[Babri Demolition case] Appellants are mere witnesses, no locus standi to appeal against trial court judgment: CBI tells Allahabad High Court

The Central Bureau of Investigation (CBI) today informed the Allahabad High Court that it has filed its written objection to the criminal appeal moved against the acquittal of 32 accused persons in the Babri demolition case.

CBI has contended that the appellants in the present appeal are mere witnesses cited by the prosecution in the case before the trial court, therefore, they do not deserve any locus standi to challenge the trial court judgment.

In its written objection, the CBI has stated that since the appellants do not fall in the category either of complainant or victim, hence, the appeal filed by them is not maintainable. 

Moreover, the CBI has submitted that the trial court judgment was examined by the CBI and it was decided not to challenge the same keeping in view the pros and cons of challenging it. 

The matter was today taken up before the division bench of Justice Ramesh Sinha and Justice Renu Agarwal. The division bench is hearing the arguments on the point of maintainability of the present appeal filed by two residents of Ayodhya namely Haji Mahboob Ahmad and Syed Akhlaq Ahmed claiming themselves to be the victim of the Babri demolition incident. 

The two appellants have challenged the trial court judgment alleging that it was found during the investigation of the case that 16 people died in it, however, neither the CBI nor the CID placed this fact before the Trial Court. 

Further, they have claimed that in the incident, besides the Babri structure, many other houses were also burnt and destructed including their houses too, therefore, they ought to be considered victims in the case. 

On the earlier date of the hearing, the court had asked the State government of Uttar Pradesh and CBI to file their respective objections to the appeal. 

Today, CBI informed the court that its written objection, which has been adopted by the State government too, has been filed and a copy has been provided to the counsel for the appellants. 

Considering the same, court directed the counsel for the appellant to file a rejoinder and posted the matter on September 26, 2022, for further hearing. 

Case in brief 

The Special Central Bureau of Investigation (CBI) court at Lucknow on 30 September 2020, acquitted all 32 accused from the charges of criminal conspiracy in the Babri demolition case. The list of accused persons included top BJP leaders LK Advani, Murli Manohar Joshi, Sadhvi Ritambhara, Nritya Gopal Das, president of the existing Ram Mandir Trust, Uma Bharti and BJP leader Vinay Singh.

The Special Court had considered the December 1992 incident in which the Mughal-era monument was razed to the ground by a mob of kar sevaks to be accidental rather than planned and had ruled out the conspiracy theories.

A revision was filed against the judgment of the trial court, however, later on, the nature of the plea was changed and the revision was altered into a criminal appeal.

Case Title: Haji Mahboob Ahmad And Anr. v. State of UP