A special CBI court on Saturday issued summons to former Uttar Pradesh Chief Minister and BJP leader Kalyan Singh, directing him to appear before it on September 27 in connection with the Babri Masjid demolition case. The court is conducting the trial of accused persons, including BJP leaders LK Advani, MM Joshi, Uma Bharti and others for allegedly conspiring to demolish the mosque at the disputed Ram Janmbhoomi-Babri Masjid site in Ayodhya.

Judge SK Yadav passed the order on a pending application

Taking note of the information given by the members of the bar association that Singh's term as Rajasthan Governor expired in the first week of this month, special judge SK Yadav passed the order on a pending application that the CBI had moved on September 9. After serving a full five-year term as governor, the 87-year-old leader, who was the Uttar Pradesh chief minister when the Babri Masjid was demolished in 1992, rejoined the BJP on September 9.

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The court had taken up the application and asked the CBI to produce papers that the term of Singh as the governor has expired. The Central Bureau of Investigation (CBI) had then sought time to produce the papers, saying it did not receive any documents from its headquarters. On the information given by the members of the bar association, the court issued the summons to Singh for appearing before it on Friday.

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Moving the application, the CBI pleaded that Mr Singh was charge-sheeted in 1993. It further pleaded that the Supreme Court had in April 2017 said Kalyan Singh could not be brought in as an accused to face trial due to the constitutional immunity granted to governors under Article 361 of the Constitution. The top court had, however, allowed the CBI to move for the summoning of Kalyan Singh as an accused as soon as he ceased to be the governor. All the accused are on bail in the case, which is being conducted on a day-to-day basis, on the directions of the top court.

The case against Kalyan Singh

The CBI case against Singh suggests that he, as the Chief Minister of Uttar Pradesh, had given assurance before the National Integration Council that he would not allow demolition of the disputed Babri Masjid structure while the Supreme Court had permitted for only symbolic 'Kar Sewa' to be performed at the disputed site.

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The order of the special judge, Lucknow in 1997, after a CBI charge sheet against him in 1993, stated, "Singh had also said that he will fully ensure the protection of the structure and it will not be felled down, but he allegedly acted in opposition to his assurances.” Singh had resigned from the post of the Chief Minister of Uttar Pradesh after the demolition of Babri Masjid in 1992 and was appointed as the Governor of Rajasthan in 2014 for five years. 

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