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Plea against Advani, Joshi and Bharti's appointment dismissed

The Delhi high court today dismissed a public interest petition seeking the ouster of Home Minister Lal Krishna Advani, Human Resources Development Minister Murli Manohar Joshi and Minister of State Uma Bharti from the Atal Bihari Vajpayee ministry for their alleged involvement in the Babri Masjid demolition case.

A division bench comprising Acting Chief Justice Mahinder Narain and Justice S K Mahajan dismissed the petition on the grounds that since charges have not been framed against them in the case, no prima facie offence was made out against them.

The petitioner has failed to present before the court the First Information Report and the chargesheet in the case, and also failed to satisfy the court's query whether charges have been framed against the three.

In view of this, the bench showed its disinclination to entertain the petition filed by Nirmal N Saigal.

Saigal, appearing as petitioner in person, urged the court to direct the Union Cabinet headed by the prime minister to recommend to the President to dismiss Advani, Joshi and Bharti since under Article 14 of the Constitution, the ministers being a public servant should be treated on the same pedestal as that of any other government employee who is suspended after being chargesheeted.

He said holding the office of minister after being chargesheeted was in violation of Article 75 (3) of the Constitution.

The petitioner alleged that the three have been chargesheeted in the case which was antithesis of the credo of secularism professed and recognised by the Constitution. ''Our laws do not discriminate between citizens on grounds of religion. This is a great advance and it is one of the most precious legacies of our freedom struggle and one of the best results of the spread of modern, liberal ideas in India,'' he said.

The petition said they should also be removed because other erstwhile ministers with tainted reputation had to resign or had been sacked so as to usher an era of moral renaissance and since the three were similarly placed, they ought to either resign or should be dismissed from the ministry.

UNI

EARLIER REPORT:
Government not worried over framing of charges in Ayodhya case

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