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Synopsis

The Lucknow Bench of Allahabad High Court today granted two weeks' time to the State government of Uttar Pradesh and CBI to file their respective objections to the appeal moved against the acquittal of accused persons in the Babri demolition case. 

The bench of Justice Ramesh Sinha and Justice Saroj Yadav is hearing the matter on the point of admissibility of the present appeal. The plea has been filed by two persons namely Haji Mahboob Ahmad and Syed Akhlaq Ahmed alleging themselves to be the victim in the said case. 

However, the counsel for the State government today raised a preliminary objection regarding the maintainability of the appeal on the ground that the present appellant are not the victim of the case, hence, they do not have any right to file the present appeal against the acquittal of the accused.

He further apprised the court that during the Trial, the present appellant moved an application before the lower court, which got dismissed on the grounds that they were not victims in the case. He said that instead of filing a revision against that decision, the present appellants waited for the judgment of the Trial Court and then they filed a revision before the High Court, which is not maintainable. 

On the other hand, the counsel for the appellant argued that the present appellants are also victims of the Babri demolition incident as besides the demolition of the mosque, several houses were damaged and burnt down. He further submitted that it was found during the investigation that 16 people died during the incident, however, neither the CBI nor the CBICID put this fact before the Trial Court. 

Hearing the argument, Court asked the State Counsel whether he wishes to file a counter to the appeal moved. Receiving answer in the affirmative, Court directed the CBI and State, both to file their respective objections within the next two weeks and asked the appellants to file their reply to the same in one week thereafter. 

The matter will be next heard on September 5, 2022. 

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 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.

As many as 32 people were accused in the Babri demolition case, including 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.

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