STATE (THROUGH) CENTRAL BUREAU OF INVESTIGATION versus SHRI KALYAN SINGH (FORMER CM OF UP) & ORS.

STATE (THROUGH) CENTRAL BUREAU OF INVESTIGATION versus SHRI KALYAN SINGH (FORMER CM OF UP) & ORS.

All offences arising out of Babri Masjid demolition are part of a single transaction and must be tried jointly in Lucknow. Dropping proceedings against accused named in the joint chargesheet was erroneous. Supreme Court has power under Article 142 to transfer proceedings and ensure complete justice, even if statutory powers for transfer reside with the High Court under Section 407 CrPC. No de novo trial is required; charges can be added in ongoing proceedings, with right to recall witnesses ensured.

Parties
Appellant: State (Through Central Bureau of Investigation); Respondents: Shri Kalyan Singh (Former CM of UP) & Ors.
Jurisdiction
India
Judgment Date
19 April 2017
Procedural Posture
Criminal Appeal / Final Judgment Disposition at Supreme Court
Outcome
Appeal disposed of; impugned High Court judgment set aside; directions issued for joint trial.
Legal Topics
Joint Trial, Criminal Conspiracy, Right of Appeal, Transfer of Proceedings, Use of Article 142, Chargesheet Amendment
Criminal Law Constitutional Law Procedure Joint Trial Criminal Conspiracy Right of Appeal Transfer of Proceedings Use of Article 142 +1 more

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Parties

State (Through Central Bureau of Investigation)

Appellant

Shri Kalyan Singh (Former CM of UP) & Ors.

Respondents

Procedural Posture

Criminal Appeal / Final Judgment Disposition at Supreme Court

Legal Issues

  1. 1 Whether joint trial should proceed for all accused under multiple FIRs related to Babri Masjid demolition.
  2. 2 Whether dropping proceedings against 21 accused was justified.
  3. 3 Scope of Supreme Court’s power to transfer proceedings under Article 142 and Section 407 CrPC.

Ratio Decidendi

All offences arising out of Babri Masjid demolition are part of a single transaction and must be tried jointly in Lucknow. Dropping proceedings against accused named in the joint chargesheet was erroneous. Supreme Court has power under Article 142 to transfer proceedings and ensure complete justice, even if statutory powers for transfer reside with the High Court under Section 407 CrPC. No de novo trial is required; charges can be added in ongoing proceedings, with right to recall witnesses ensured.

Court Disposition

Appeal disposed of; impugned High Court judgment set aside; directions issued for joint trial.

Orders

  • Proceedings relating to second FIR at Rae Bareilly transferred to Sessions Court at Lucknow.
  • Sessions Court to frame additional charges under Section 120-B IPC and provisions in joint chargesheet against named accused.