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Tuesday 18 February 2020

Kalyan Singh, charged with Babri demolition, gets bail

LK Advani, Murli Manohar Joshi, Uma Bharti, Sadhvi Ritambhara, Mahant Nritya Gopal Das and many others are co-accused in this case; all are out on bail

BJP leader and former Uttar Pradesh Chief Minister Kalyan Singh was granted bail here on a personal bond of Rs 2 lakh after the framing of charges against him for Babri Masjid demolition. Earlier, Singh appeared in the special CBI court in Lucknow in connection with the case. Charges have been framed against him under several Sections. The Supreme Court, meanwhile, is hearing daily the case of vailidity of claims made by the Hindu and Muslim sides to the disputed plot of land in Ayodhya.

Kalyan Singh is being subjected to a trial under Section 149 in the Babri Masjid demolition case. The other Sections he faces are 153A, 153B, 295, 295A and 505 of the IPC. In this case, veteran BJP leaders LK Advani, Murli Manohar Joshi, Uma Bharti, Sadhvi Ritambhara, Mahant Nritya Gopal Das and many others are accused, too.

Section 149, IPC: Every member of unlawful assembly guilty of offence commit­ted in prosecution of common object —

If an offence is committed by any member of an unlawful assembly in prosecution of the common object of that assembly, or such as the members of that assembly knew to be likely to be committed in prosecution of that object, every person who, at the time of the committing of that offence, is a member of the same assembly, is guilty of that offence.

Significantly, Kalyan Singh was exempted from appearing in the court as Article 361 of the Constitution applies to him since he is the governor of Rajasthan. He was, however, summoned for this appearance. All the accused are out on bail.

The Babri Masjid was demolished on 6 December 1992 in Ayodhya, Uttar Pradesh. Kalyan Singh was then the chief minister of the state. He is accused of assuring that the Babri Masjid will not be damaged and yet allowing karsevaks to raze the ‘mosque’. Singh had resigned after the incident.

The Sangh Parivar, including the BJP which now rules at the Centre and many states across the country including Uttar Pradesh, claims it was not they who brought the structure down.

Article 361 of the Constitution: Protection of President and Governors and Rajpramukhs

(1) The President, or the Governor or Rajpramukh of a State, shall not be answerable to any court for the exercise and performance of the powers and duties of his office or for any act done or purporting to be done by him in the exercise and performance of those powers and duties: Provided that the conduct of the President may be brought under review by any court, tribunal or body appointed or designated by either House of Parliament for the investigation of a charge under Article 61: Provided further that nothing in this clause shall be construed as restricting the right of any person to bring appropriate proceedings against the Governor of India or the Government of a State
(2) No criminal proceedings whatsoever shall be instituted or continued against the President, or the Governor of a State, in any court during his term of office
(3) No process for the arrest or imprisonment of the President, or the Governor of a State, shall issue from any court during his term of office
(4) any civil proceedings in which relief is claimed against the President, or the Governor of a State, shall be instituted during his term of office in any court in respect of any act done or purporting to be done by him in his personal capacity, whether before or after he entered upon his office as President, or as Governor of such State, until the expiration of two months next after notice in writing has been delivered to the President or Governor, as the case may be, or left at his office stating the nature of the proceedings, the cause of action therefore, the name, description and place of residence of the party by whom such proceedings are to be instituted and the relief which he claims

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