E/CN.4/1997/91/Add.1
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conspiracy, if any, in all its ramifications and to relentlessly pursue the
offenders till they are brought to book. With this view, the Central Bureau
of Investigation (CBI) was entrusted with the investigations into the offences
connected with the demolition of the disputed structure on 6 December 1992.
After having carried out these investigations the CBI filed a combined
charge-sheet against 40 persons before the Special Court at Lucknow. The
Special Court passed the committal order and sent the case to the Judge of the
Court of Special Additional Sessions at Lucknow, for trial and proceedings.
In the meantime, the CBI with the permission of the Court, conducted further
investigations in the case and filed a supplementary charge-sheet before the
Special Additional Chief Judicial Magistrate, Lucknow, against nine more
persons on 11 January 1996. The Court has taken cognizance of the additional
charge-sheet. The 49 persons charged include prominent leaders of the
Bhartiya Janta Party, Shiv Sena, Bajrang Dal and the Ishwa Hindu Parishad.
5.
The Central Government also appointed the Liberhan Ayodhya Commission of
Inquiry to inquire, inter alia , into the sequence of events leading to, and
all the facts and circumstances relating to, the occurrences in the
Ram Janmabhumi (birthplace of Ram)-Babri Masjid (Babri mosque) complex at
Ayodhya on 6 December 1992. The tenure of the Commission has been extended
from time to time. It is presently up to 31 March 1997. The Government has
requested the Commission to complete the inquiry within the extended tenure.
6.
On the basis of evidence of the Central Government and other records
with the Commission, the Commission issued Section 8B notices (Commission of
Inquiry Act) to 41 persons and to 5 organizations, namely, the Bhartiya Janta
Party (BJP), Bajrang Dal, Vishwa Hindu Parishad (VHP), Rashtriya Swayam-Sewak
Sangh (RSS) and Shiv Sena. The 41 persons are 28 political/religious leaders
and 13 officers of the Government of Uttar Pradesh. Most of the noticees
submitted applications to the Commission requesting,
inter alia , that it
supply the relevant material/evidence on the basis of which the 8B notices had
been issued to them. The Commission rejected these applications. Seventeen
of the noticees filed as many as six written petitions against the 8B notices
and the order of the Commission rejecting their applications in the Delhi High
Court and one such petition in the Lucknow Bench of Allahabab High Court. The
Delhi High Court in its judgement dated 23 July 1996 upheld both the order and
the 8B notices of the Commission, except that part of the notice which
requires the noticees to state their case on affidavit and file documents, if
any, in support of their case. This part of the notice was struck down by the
Court. Accordingly, the parties filed their lists of witnesses. The
Commission, after scrutiny, has issued a press note summoning approximately
22 witnesses. The cross-examination of these witnesses is continuing.
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