Former Supreme Court judge Justice Rohinton Nariman, speaking at the inaugural lecture of the Ahmadi Foundation on Thursday, expressed his discontent over the acquittal of BJP political leaders accused in the Babri Masjid demolition case. Justice Nariman detailed the judicial processes and interventions that ultimately failed to deliver a conviction in the high-profile case.
Justice Nariman recounted how the accused, including senior BJP leaders, were acquitted by the trial court despite the Supreme Court's orders to expedite the case. “This is the state of affairs in this country,” he lamented.
The lecture, delivered in memory of Justice AM Ahmadi, the 26th Chief Justice of India, focused on the topic of "Secularism and the Indian Constitution." During the event, a biography titled The Fearless Judge, chronicling Justice Ahmadi’s life, was also released.
Narrating the case’s history, Justice Nariman revealed his role in passing orders to revive the trial, which had been dormant for nearly 25 years. Despite these efforts, all accused, including former Deputy Prime Minister LK Advani, former Uttar Pradesh Chief Minister Kalyan Singh, and BJP leaders Murli Manohar Joshi and Uma Bharti, were acquitted in September 2020 by Special CBI Judge Surendra Yadav. Justice Nariman pointed out that the judge was later appointed Deputy Lokayukta in Uttar Pradesh.
The special court had ruled that the Central Bureau of Investigation (CBI) failed to provide conclusive evidence of a conspiracy to demolish the mosque. This decision came despite charges of rioting, promoting enmity, unlawful assembly, and criminal conspiracy under various sections of the Indian Penal Code.
Justice Nariman also highlighted the Supreme Court’s intervention under Article 142, which directed a single joint trial, reinstated the conspiracy charge and ordered the trial to be completed within two years under a non-transferable judge. Despite these directives, the case concluded without holding anyone accountable for the demolition that, as the Supreme Court once noted, “shook the secular fabric of the Constitution of India.”