Opinion

Bull's Eye

We like the law to take its own course. But what a strange course it takes! The twists and turns in the decade preceding last week's court pronouncement ...

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Bull's Eye
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After discharging L.K. Advani, the Rae Bareli court has summoned seven accused, including Murli Manohar Joshi, to appear before it on October 10 for charges to be framed. The accused must be present in court for the charges to be framed. The charges will not be too serious. They will include the charge of unlawful assembly and of incitement. Joshi has nevertheless resigned. For days, it was high drama for the media. In an editorial, The Indian Express wrote solemnly that Joshi's resignation should be accepted.

How strange! The charges will be framed only after Joshi and others appear in court. For four years, from 1997 till 2001, the Lucknow special court waited in vain for the same accused in the same demolition case to be investigated by the same CBI with graver charges to be framed against them—whenever they appeared in court. For four years, the accused, including Advani, evaded the court. In addition to the present charges was the charge of conspiracy to demolish the mosque. There was no fuss over the evasion, not a whimper in the press.

In 2001, the Lucknow High Court stayed the case against the eight accused on a technicality. But the judge said that the government could easily rectify the technicality. The rest of the case stood intact. Thus, three judges in different courts, on the basis of the CBI's evidence, decided to charge eight conspirators, including Advani. Now the Rae Bareli court has discharged Advani and arraigned the rest with relatively minor charges on the basis of evidence presented by the same CBI.

Law minister Arun Jaitley says that earlier the Congress motivated the CBI. May we conclude then that the BJP motivates the CBI today? Jaitley's arguments were torn to shreds by legal commentator A.G. Noorani in The Hindustan Times (September 3-4). But even Noorani overlooked one aspect. Apart from the demolition and the provocative speeches, there was rioting and arson. Houses were burnt and 14 Muslims (officially) or 23 (unofficially) were killed by the same mob on demolition day. Police declared the culprits untraceable and quietly buried the case.

The BJP leaders say this is a political case. No corruption is involved. That's right. But isn't Osama bin Laden's movement political too, without any hint of corruption?

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