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Kalyan Singh can now face trial in the Babri demolition case

Kalyan Singh, being the Governor of Rajasthan, is entitled to immunity under Article 361 of the Constitution as long as he remains Governor of Rajasthan.

, ET Bureau|
Last Updated: Sep 01, 2019, 07.03 PM IST|Original: Sep 01, 2019, 07.03 PM IST
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Agencies
Kalyan---Agencies
Kalyan Singh (File Pic)
NEW DELHI: Former Uttar Pradesh Chief Minister Kalyan Singh, 87, now stands exposed to face trial for criminal conspiracy of the demolition of Babri Masjid as his constitutional immunity has ceased to exist following his term ending as the Rajasthan Governor. Government has not announced any new assignment for him.

While delivering a judgment in the matter in 2017, the Supreme Court had revived criminal conspiracy charges against L.K. Advani, Vinay Katiar, Uma Bharati, Sadhvi Ritambara, Murli Manohar Joshi and Vishnu Hari Dalmia and asked the Court of Sessions in Lucknow to frame the additional charge of criminal conspiracy against them. “Kalyan Singh, being the Governor of Rajasthan, is entitled to immunity under Article 361 of the Constitution as long as he remains Governor of Rajasthan. The Court of Sessions will frame charges and move against him as soon as he ceases to be Governor,” the Supreme Court had ordered in 2017. Kalyan Singh was appointed as the Rajasthan Governor on September 3, 2014 and his term has ended now with the government on Sunday appointing Kalraj Mishra as the new Rajasthan Governor. Singh has not been shifted to another state as Governor which could have possibly given him another five-year term.

As per the CBI case against Singh, he as the UP CM had given assurance before the National Integration Council for not demolishing the disputed structure and the Supreme Court had permitted for only symbolic kar sewa to being performed. "Singh had also said that he will fully ensure the protection of the structure and it will not be felled down, but he allegedly acted in opposition to his assurances", said an order of the Special Judge, Lucknow in 1997 subsequent to a CBI charge-sheet against him in 1993. Order was not given by Kalyan Singh for utilizing the central force, the CBI had alleged. “From this it seems that prima facie was a necessary participant in the criminal conspiracy,” the special court had ruled in 1997. Singh had resigned as the UP CM after the demolition of Babri Masjid.

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