The verdict came on a Central Bureau of Investigation (CBI) plea challenging the order of Allahabad High Court for quashing the conspiracy charge against Advani and others in May 2010.
However, the SC clarified that Kalyan Singh, being governor of Rajasthan, will not be tried due to constitutional immunity unless he ceases to be in that post.
Asked whether Singh and Bharti should resign following the charge sheet in the case, Jaitley shot back, saying if that is the criteria then some of the current Congress Chief Ministers will have to quit.
The proceedings against 21 accused, including the ones named above, were dropped by the Lucknow court on May 4, 2001.
The Supreme Court (SC) delivered a blow to the old guard of the Bharatiya Janata Party (BJP) when it revived the conspiracy charges against them in the Babri Masjid demolition case. It also ruled out a fresh trial in the case.
The bench also directed that its order should be followed in letter and spirit and granted liberty to the parties to approach it if its directions are not followed.
Now two sets of cases relating to the demolition of the mosque are being heard by courts in Uttar Pradesh.
The conspiracy charge against 13 accused including Advani, Joshi and Bharti was dropped in the case, the trial of which is being held at a special court in Rae Bareli.
"If you have to file a conspiracy case, file it against Babar and his descendants who are living in Hindustan", the VHP leader said.
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Detractors had suggested that the agency may not be inclined to press criminal conspiracy charges against the BJP and RSS leaders with the Modi government in power.
The CBI took over both cases and filed a single chargesheet, alleging that BJP leaders were responsible for plotting the mosque's demolition. The other accused, including the kar sevaks and some leaders of the BJP, Shiv Sena and Vishwa Hindu Parishad faced trial at a Lucknow court under FIR 197/92.
Meanwhile, the Congress Party has demanded Uma Bharti's resignation while reminding Prime Minister Modi to act in accordance with "his love for transparency and morality in politics".
Others who will face criminal conspiracy charges are Vinay Katiyar, Sadhvi Ritambara, Satish Pradhan and Champat Rai Bansal.
They will be tried under Indian Penal Code offences for allegedly promoting enmity between different groups on grounds of religion etc, imputations, assertions prejudicial to national-integration and statements conducing to public mischief of the IPC for which the maximum punishment is five years.
The revival of the charges against Advani, considered to be one of the front-runners to succeed Pranab Mukherjee as the next Indian president, threatens to dent his chances, according to Indian daily The Financial Express.
Law and Justice Minister Ravishankar Prasad, who is also a BJP member, said in New Delhi to reporters: "We will examine the judgement and take appropriate steps".
Terming the Babri Masjid demolition trial as "more serious" than the assasination of Father of the Nation Mahatma Gandhi, AIMIM chief Asaduddin Owaisi said that the trial should have been completed earlier.





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