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This is an archive article published on September 24, 2003

Kalyan appears before Liberhan Commission

After maintaining for years that he would not depose, former Uttar Pradesh CM Kalyan Singh today sprang a surprise by making his maiden appe...

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After maintaining for years that he would not depose, former Uttar Pradesh CM Kalyan Singh today sprang a surprise by making his maiden appearance before the Liberhan Commission probing the Babri Masjid demolition.

Singh, accompanied by his advocate B.B. Saxena, appeared before the Commission as a ‘‘witness’’ and sought adjournment of the hearing which was granted in view of a recent Delhi HC order. The former CM appeared before the Commission as a bailable warrant was issued against him on September 2 asking him to appear by today. The HC had on September 19 directed Singh to approach the Commission for adjournment of hearing before it on his petition in this regard.

The court had fixed October 17 for hearing his petition seeking to revive his earlier petition which had become infructous on April 1 following conclusion of recording of evidence by the Commission.

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‘‘Keeping in mind the desire expressed by the Delhi High Court as affirmed by the counsel for the Commission, the proceedings of the Commission are adjourned for recording the statement of Kalyan Singh to October 28 and 29,’’ the Commission said.

Singh, who was CM when the structure was demolished, later told reporters that his future course of action would depend on the outcome of the pending petition before the HC. ‘‘I have moved the high court and am waiting for what it says on my petition,’’ he said.

Asked why he was avoiding appearance before the Commission despite repeated summons, Singh said he did not appear previously because a criminal case has been pending on the demolition where he is a defendant. ‘‘Since there is a criminal case against me in the demolition case where I am not a witness but a defendant, I did not appear before the Commission,’’ he said.

Meanwhile, the Commission directed Advocate General of UP Virender Bhatia to place before it by the next date of hearing the ASI report on whether a temple pre-existed before the disputed structure as Advocate Satya Pal Jain, appearing for Deputy PM L.K. Advani, Murli Manohar Joshi and Uma Bharti said it was relevant to the inquiry being conducted.

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But counsel for the All India Muslim Personal Law Board Bahar U. Barqi objected to the relevance of the ASI report before the Commission. Bhatia said he would try to place the report subject to its availability and the state’s views regarding its relevance or admissibility on or before the next date. But he said that in view of the August 25 order of the Allahabad HC, the copy of the report could not be supplied to anybody without the court’s permission.

After these submissions, the Commission said all questions would be heard at the stage of final arguments and the parties would be at liberty to file objections with respect to the ASI report, including its relevance or admissibility before the Commission.

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