There is no doubt that the pace is slow but there are political explanations for Pakistan’s reluctance in convicting a Pakistani for involvement in a terrorist activity in India although it is legally not defensible.
However, what is India’s excuse for not convicting the Gujarat CM Narendra Mody for being responsible for the massacre of Muslims in the 2002 riots?
And worst is the pace at which the Indian courts are moving in convicting the guilty for the demolition of the Babri Mosque in December 1992. Twenty years have passed and the parties are still involved in semantics.
The Lieberhan Commission took 17 years to compile a report.
On Dec 7, 1992, responsibility for the demolition was given to CBI. In October 1993, CBI in the Allahabad HC Lucknow Bench in FIR 197/92 and 198/92 filed a joint charge sheet against 49 persons including that against LK Advani, Oma Bharti, Murli Manohar Joshi, Ashok Singhal, Sadhvi Rathbra and Vishnu Hari Dalmia.
After four years in September 1997, the special Lucknow Bench of CBI ordered the charges to proceeds.
Revisions were filed against this Order and after four yeras, on Feb 12, 2001, the Allahabad HC Lucknow Bench led by Justice Bhalla stated that FIR 198/92 was not entrusted to the CBI Court properly as the CJ of the HC was not consulted before issuing the notification. The Court thus ordered that the proceedings in the CBI Court cannot continue.
The UP Government never bothered to issue another notification.
Proceedings against 21 persons were discontinued and the trial was transferred to a magistrate in Rae Bareli (FIR 198 involving IPC sections 149, 152A, 153B, 505 and 47).
The FIR 197 continues to be tried in the CBI Court involving IPC provisions 153, 332, 337, 238, 295, 395 and 397).
In both these FIRs, the charge relating to demolition of the Babri mosque has not been mentioned; the charges relate to inciting the mob.
In the magisterial court, the charge relating to conspiracy (IPC 120B) was dropped. As a result, LK Advani got out of this trial. the All India Muslim Personal Board challenged this which was accepted on July 6, 2005 and Advani was again included.
On May 20, 2011, the Allahabad HC again removed the charge against Advani relating to conspiracy. The CBI in a 30 page affidavit has now challenged it before the Supreme Court. This is despite the fact that Advani and others conspired a before days before the mosque demolition in the house of then CM UP Kalyan Singh.
The question is when will this circus end and the culprits be punished under law? And if they cannot, then why are the Pakistani courts expected to proceed expeditiously in a matter which does not even relate to its people and soil?