In Brief
In this high-profile criminal appeal concerning the 1992 demolition of the Babri Masjid, the Supreme Court held that 21 accused persons (including prominent political and religious leaders) could not be discharged merely because they were characterized as "instigators" rather than those who physically demolished the structure. Since a joint charge sheet filed by the CBI had already arrayed all accused for conspiracy, their discharge violated established law. The Court used its extraordinary power under Article 142 to transfer the fractured trial from Rae Bareilly to Lucknow, consolidating all proceedings before a single court for a unified trial, with conspiracy charges to be added without de novo trial. Strict timelines and conditions were imposed to conclude the trial within two years.
The lawyer headnote and full judgment text are available to registered users.