india

Updated: Jul 15, 2019 23:49 IST

The Supreme Court on Monday sought the Uttar Pradesh government’s assistance to extend the tenure of the special judge, Lucknow, overseeing the criminal trial in the politically sensitive 1992 Babri Masjid demolition case involving senior BJP leaders including LK Advani, Murali Manohar Joshi and Uma Bharti.

A bench led by Justice RF Nariman issued the direction on additional sessions and district judge (ASJ) SK Yadav’s application seeking six more months to conclude the trial in the Babri conspiracy case.

In a letter written to the court on May 25 , Yadav informed the court that he is due to retire on September 30. In April 2017, the apex court had asked the special judge to conclude the trial in two years.

The top court said on Monday that the state government should assist the court in devising a way to extend the tenure of the special judge to enable him conclude the trial in the case. The court fixed July 19 to hear the matter again.

“The special judge after two years of virtual day-to-day hearing is at the fag end of the hearing of the case and requires little more than six months to complete the trial together with the delivery of the judgement,” the bench recorded in its order.

“However, in his letter to us dated May 25, 2019, he has indicated that he will be superannuating [retiring] on September 30, 2019. We are of the view it is important for the special judge to conclude the proceedings and pronounce the judgement in the case. Given the facts and circumstances, we call upon the state of Uttar Pradesh to assist us on this behalf. List on Friday,” said the bench.

Senior advocate Aishwarya Bhati, appearing for Uttar Pradesh government, was told to find a “way out” and refer to the rules to extend the judge’s tenure. The bench also indicated that if required, the apex court itself could extend the judge’s tenure by exercising its special powers under Article 142 of the Constitution.

On April 19, 2017, the top court ordered a day-to-day trial to be concluded and completed in two years in the Babri Masjid demolition case.