By Mulinja Narayanan
Mangaluru, Dec 6, 2017: Babri Masjid was demolished on 6.12.1992. Ramjanam Bhoomi- Babri Masjid structure was disputed as Hindus believed that Sreeram was born in the middle dome and there was Temple at that place which was destroyed by Mirbaki, Commander of Babur in 1528AD who constructed a Masjid there and it came to be known as Babri Masjid. At the front gate he placed a Shila Lekh popularly known as Mirbaki ka shila lekh in which it was inscribed in Persian language that on the orders of his Master Babur, he has constructed a place for the decent of Angels and so on. Muslims on the otherhand, believe that it was their place of worship since 1528. This disputed structure was under litigation in various courts specially since 1949. As per records of the police station and court and NIC records, on 21- 22nd, December night, a Muslim constable on duty at that place goes to the police station and told the Inspector, who was a Hindu that he was on duty there and saw a light coming from heaven and landing inside the Middle dome. When he ran there, he saw the idol of Sreeram in the Middle dome. The Inspector abused him that he is drunk and rushed to that place when he saw number of people doing Aarthi and worshipping. Next morning there was trouble and the place was taken into possession by the Administration. Litigation started. The site was locked and Puja and Namaaz was allowed from outside. In 1986,one Civil Court in Faizabad allowed Hindus to perform Puja inside and therefore the gate was opened .But the litigation continued. I investigated this demolition case.
A place of worship which was in dispute was demolished by lacs of Karsevaks during Karseva on 6-12-1992. A case was registered in the police station against lacs of Karsevaks name and addresses not known regarding demolition, dacoity etc. After 10 minutes another case was registered at the same police station against 8 BJP and other leaders for shouting provocative slogans from the Ramkatha Kunj manch, encouraging the Karsevaks who were demolishing the structure. During such demolition process the media persons who were taking photographs and Videographing the incident etc. were beaten up by the karsevaks and on such complaints by 47 media persons, 47 separate FIRs were registered and thus in total 49 FIRs on the same incident in the complex stood registered. CBI took up investigation of the first and main case on 13.12.1992 and I was the Investigating Officer of the case. Subsequently, on 25-8-1993 all the other 48 cases were transferred to the CBI and accordingly we re-registered 48 cases on 27-8-1993 and took up investigation of all the cases. It was a challenging case as when we reached Ayodhya, at the site there was nothing except a make shift temple and rubbles all around. I along with Inspector Jogendra Nayak and Insp. Hari Singh contacted large number of Police persons, Muslims and collected the Video prepared by various TV channels etc. and examined them. In 1990 also some damage was caused to the structure by karsevaks. There was attempt to construct Ram temple at the same place.
Investigation disclosed that there was a single general conspiracy to destroy the disputed structure and construct the Ram temple at that place itself without bothering for court orders and or waiting for court orders. The momentum for this was generated by Shri Advani’s Rath Yathra in October, 1990 who mobilised people for the purpose. He was detained on the way. But the steam generated by the Rath Yatra resulted in storming of the structure by some karsevaks who caused some damage to the structure and in the police firing some died.
Mandir can be built by demolishing the structure only. In the process many things happened and many leaders made provocative speeches and mobilised people for the purpose. Bajrangdal, VHP, Shivsena, BJP,RJB Nyas- all trained selected karsevaks for the purpose. A decision was taken by the Margdarshak Mandal in the meeting held in Ujjain in May, 1992 that Karseva should be done and just like Babur did not fix a date for demolition of the Temple and construction of a Masjid at that place, we/they will also not give a date for demolition of the Masjid and construction of Ram temple at that place. Whatever problems are there in the construction of Ram temple they will be removed.
In the meeting of Margadarshak Mandal held in Delhi in the end of October, 1992, it was decided that karseva will begin for construction of Ram temple on 6-12-1992. In the meeting of Shivsena held at New Delhi on 30th October and 1-11-1992 it was decided that the structure at Ayodhya will be demolished on 6th Dec. and Shivsena will do a different karseva.
Bajrangdal Chief/Convenor said that Special squad has been formed and kept at 25 KM range to do the job and they will move secretly. VHP leaders made different speeches and implements were purchased. VHP leader told the TV channel that they have selected 800 karsevaks and trained them for demolition. Shivsena leaders visited Ayodhya on 28th Nov. and said that the structure will be demolished on 6th.There were many such statements by leaders. Shri Advani started his Yatra to Ayodhya from Varanasi and Shri Joshi from Mathura and on the way they made many statements and mobilised huge gatherings. On 6th, Dec. leaders were seated on the Manch nearby and made provocative speeches and raised slogans like “ Ek dhakka aur do Babri Masjid tor do -Khoon kharaba hona hai tho ek bar hone do -Tel lagao Dabur ka naam mitao Babar ka---Ram naam sathya hai Babri Masjid dwasth hai -Is kalank ka danche ko aaj mitana hai, iskeliye hamari Pradesh sarkar se bharpur sahayatha milrahi hai -aaj karsevaks aakhri karseva karenge -jo shahid hone aaye hain unhe shahid hone diya jaye -some leaders when told that the karsevaks are falling from the dome and getting injured, announced to them to get down , the dome will fall on them, this was after they were told that inside karsevaks are breaking the walls from down and also said that security forces are coming, they will fire on them, come down and block all the roads so that forces are not able to come to the complex….
Nobody told them to spare the domes. Shivsena chief said after the incident that he is proud of Shivsainiks who demolished the structure and if he was the PM he would have done it long back. Shivsena leaders and sainiks admitted that it was demolished at their instance and shivsainiks admitted having trained and stormed and demolished the structure. BJP, MP said that demolition was done by them and the Shivsena. There were many statements by many VHP and Bajrangdal leaders.
It was a challenging job to collect evidence. About 10 lac people were present at Ayodhya and Faizabad. Whoever present there was a Karsevak. They did not want to speak. Those injured karsevaks in the Hospital in Ayodhya and Faizabad were angry with us when asked question and threatened us. Witnesses were the media persons both print media and Electronic media, and the police officers but they were busy in their work. Few gave the facts. A very few independent people came forward with our continued efforts. Then the Muslims, some of whom mingled in the mob with the Sreeram shawls to protect themselves. Since 2nd Dec. the karsevaks were identifying Muslim houses and writing threatening slogans on the walls. But the local Muslim knew what was going on in Ayodhya- the demolition of Mazaars, Masjids and Kabars. The karsevaks being provoked by such speeches and slogans from the Manch stormed the structure and started demolishing it . Some gangs of such Karsevaks rushed to Muslim colonies and assaulted Muslims, burnt their houses, shops and even some Muslims alive,burnt Masjids etc. With all the so mentioned evidence, after thorough legal scrutiny and legal opinion, we filed a charge sheet against 40 people for the criminal conspiracy and the demolition and hurting religious sentiments etc. On further investigation, charge sheet against 9 more people and thus against 49 people in total. 22 were charged for dacoity also.
The trial court, after hearing both sides and perusing the evidence on record, passed a detailed order dated 9-9-1997 holding the 49 people responsible for the demolition and ordered framing of charges against all of them as mentioned in the charge sheet. Against this 33 accused went to the High Court and the Hon’ble Court on 12.2.2001, passed an order/judgment in 48 cases the order is correct and in crime 198/92- the manch case, the notification entrusting the case to the Lucknow court, the notification is not valid but it can be corrected. One Bhure filed SLP in the Supreme Court against this order and the Hon’ble Court in November, 2002 held that crime no. 198/92 is different case and the case is to be tried at Rae Bareli where it was pending. Thus the conspiracy case was to be tried at 2 different places. Accordingly complying with the Supreme Court order, the CBI filed an application in the Rae Bareli Court to take appropriate action. The said court finally ordered the CBI to file supplementary charge sheet in crime No. 198/92 and the CBI filed a supplementary charge sheet against the same 9 accused as charge sheeted in that case by the CB/CID, in the Rae Bareli court on 31.5.2003.
On the High Court order dated 12.2.2001, the Lucknow Special Judge passed an order dated 4.5.2001 holding that both cases are different and in the Manch case 198/92, 21 leaders are there and being invalid notification dropped proceedings against them. CBI wrote to the Govt. of UP to rectify the defect in the notification but they refused to do it. CBI filed a revision petition in the High Court against the order dated 4.5.2001 and the Hon’ble Court in 2010, after about 9 years, agreed with the trial judge and held that both structure and the manch are two different places and there are 2 category of accused--- one the demolishers and the other leaders on the manch who provoked them. Against this order the CBI filed a Special Leave Petition in the Supreme Court in 2011 and the Hon’ble Court in April, 2017, using the Constitutional power, reversed and modified its order dated 28.11.2002 and ordered that all the accused should be tried in the Lucknow Special Court, together. Therefore the criminal conspiracy case is being tried in Lucknow Special Judge Court for all the offences against all the remaining accused as some have died. Since 1993 the matter is pending in the courts.
Ex-CBI Officer Mulinja Narayayan hails from Uppala in Kasargod district and was holding the post of CBI Joint Director when he retired from service.