
The Supreme Court asked the Uttar Pradesh government on Monday to suggest how the Special CBI Judge hearing the Babri Masjid demolition case in Lucknow, due for retirement in September this year, can be retained in service till the trial ends.
A bench headed by Justice R F Nariman told senior advocate Aishwarya Bhati appearing for the state to apprise it about the rules and regulations to be followed while granting extension to a retiring trial court judge.
The court added that if necessary it will pass orders under Article 142, to ensure that he remains in service for the full period. Article 142 deals with the inherent powers of the top court.
In a letter to the Supreme Court, Special Judge Sirendra Kumar Yadav said that though he was hearing the case on a day to day basis for the last two years, he will need atleast six more months to complete it.
Yadav also told the court that he was set to retire on September 30.
On May 30, 2017, the top court had framed charges against 12 people, including BJP stalwarts L K Advani, Murli Manohar Joshi and Uma Bharti, in the Babri Masjid demolition case. Their applications for discharge from the offence were rejected and they were granted bail on a personal bond of Rs 50,000 each. The court also rejected the CBI opposition to their bail applications.
On April 19 in the same year, the apex court ordered the restoration of the conspiracy charge against the three BJP leaders, directing the special court to “complete the trial and deliver the judgment within a period of two years”. It also shifted the trial from Rae Bareli to Lucknow.