A Case That Demolishes Itself, Slowly

IT took almost a year for the CBI to chargesheet BJP and Shiv Sena leaders and others in the demolition case. And that set the general pace. The special court, constituted for the sole purpose of examining the December 6 incident and its genesis, hasalready held nearly 200 hearings. But the trial is nowhere near conclusion. Just like the Allahabad High Court's Lucknow bench, which is hearing four title suits related to the disputed complex, the special court seems destined to host a long-drawn-out drama.

The chargesheets came after about 100 witnesses were examined and 371 documents and 51 cassettes prepared. It was 10 months later, on August 27,1994, that a set of 48 cases—47 related to assault on journalists by kar sevaks and the other regarding the demolition itself—were committed to the court of Bimal Kishore, special additional sessions judge, Lucknow. Among those issued the chargesheet were BJP leaders L.K. Advani, M.M. Joshi and Kalyan Singh, VHP's Ashok Singhal and Shiv Sena supremo Bal Thackeray—who were all charged with having abetted the demolition in "conscious knowledge", along with top district and police officials.

The CBI has listed them as co-conspirators with the VHP,which has been arraigned for organising special training for kar sevaks. Advani's 1990 rath yatra which whipped up pro-mandir sentiments and Thackeray's overt support to the cause have been taken as key contributory factors. Curiously, the Union Government has been exonerated: its fault is merely having trusted the Kalyan Singh government's assurance to the Supreme Court and the National Integration Council that it would protect the structure.

First, the replacement of three magistrates had delayed the case's committal to the sessions. To stretch matters to despairing levels, the 40 accused separately hired 48 lawyers. Some of them took hours and days to argue their points. Law department officials say the Congress also hindered the process. "Instead of allowing a speedy trial, Congress factions kept accusing rivals of being behind the demolition," one of them said.

The officials also doubt the extent to which any judgement upholding the CBI chargesheet will be implemented. After all, the BJP is a major claimant for power, both at the Centre and Uttar Pradesh, where elections are due in less than a year.