CBI to SC: Cautious approach delayed appeal against Advani in Babri case

New Delhi: Not condoning delay in filing appeal against the Allahabad High Court’s order on dropping conspiracy charge against BJP leader LK Advani and others in the Babri Masjid demolition case would cause irreparable loss, the CBI told the Supreme Court on Tuesday. The agency contended before a bench of justices HL Dattu and JS Khehar that delay in approaching apex court against HC order be condoned and its appeal against Advani and others be heard on merit. The bench, however, said that it will decide on condonation of delay only after hearing the contentions of Advani and others who have sought dismissal of CBI’s plea on the ground of delay. [caption id=“attachment_704812” align=“alignleft” width=“380”] LK Advani. AP[/caption] “In normal case we would have done it but in this there is objection from the other side. We will first hear all sides on the issue,” the bench said when senior advocate P P Rao, appearing for CBI, pleaded for condonation of 167 days delay. The bench posted the case for hearing on 17 July. CBI in its affidavit said that if delay is not condoned then it would cause failure of justice as the accused would get away without facing trial for serious offence. “The delay in filing the SLP is not intentional and deliberate, but bona fide. In case the delay in preferring the SLP is not condoned, it will result in irreparable loss and injury to the State and the failure of justice by letting off the accused without facing trial for serious offences. The purpose of filing of this SLP in public interest would be frustrated,” the affidavit said. The agency said that delay was caused because the then Solicitor General (SG) had to go through the voluminous documents before approving the draft of appeal and he was also busy in other cases including 2G case. “Time has been consumed because the appealing party was the state and it had to be circumspective and take all necessary steps before challenging the impugned order of the High Court. The delay has been occasioned because everyone associated with the matter was cautious keeping in mind the sensitivity involved in the matter and wanted to exercise due diligence,” the affidavit said. PTI