The very recording of offences started on a wrong footing. Then, the important charge of conspiracy was wrongly dropped. And now, magistrate V. K. Singh's "special court" in small-town Rae Bareli has made a mockery of justice by framing limited charges against seven persons, but altogether discharging Deputy Prime Minister L.K. Advani.

Mr Advani spearheaded, planned and inspired the anti-Babri mosque agitation.

Full one week after the verdict, Mr Singh's order isn't publicly available. It's not clear what charges will be framed against the seven accused. But they certainly won't include conspiracy, nor offences under Section 295 of the IPC (defiling places of worship and outraging religious feelings).

Mr Advani -- who conducted the Somnath-to-Ayodhya rath yatra, and shaped the events leading to December 6 -- himself can't comprehend why he was discharged!

Apparently, magistrate Singh went by the fact that the CBI cited two conflicting testimonies regarding Mr Advani's conduct on December 6. Mr Singh cited the Supreme Court's ruling in a 1979 case: if the scales of evidence against an accused are "even", he can be acquitted. But this makes sense only at a trial's end, not before it.

The whole Ayodhya litigation was deviously manipulated by the CBI. The CBI is not independent, but reports directly to Mr. Vajpayee. It suppressed and distorted evidence. It was represented by lawyer S.S. Gandhi, known to be close to Law Minister Jaitley. It would be rewarding to trace Mr Gandhi's actions in the crucial weeks before Mr Singh's verdict.

The CBI's version of Mr Advani's innocence contrasts sharply with independent accounts. Perhaps the most authoritative of these is the two-volume report of The Citizens' Tribunal on Ayodhya, comprising Justices O. Chinappa Reddy, D.A. Desai and D.

S. Tewatia.

This shows Mr Advani was pivotal to the build-up to December 6, including numerous kar sevaks, his own rath yatra and various strategy meetings. The intention to raze the mosque was stressed during these, especially the rath yatra. The yatra's slogans were provocative: "there are only two places for Muslims -- Pakistan or kabristan (graveyard)".

The Citizens' Tribunal produced irrefutable evidence that the mobilisation for December 6 was launched by the BJP-VHP-Bajrang Dal on November 29. By December 3, 150,000 kar sevaks had gathered in Ayodhya.

On December 5, Mr Advani addressed a meeting in Lucknow and was to reach Ayodhya/Faizabad the next day. But he altered his plans to reach Faizabad to join an all-important closed-door meeting at Mr Vinay Katiyar's house, where detailed demolition plans were finalised.

Among those present were Messrs H.V. Seshadri and K.S. Sudarshan (RSS), Ashok Singhal, Vinay Katiyar and Dharmendra (VHP) and Moreshwar Save (Shiv Sena).

A rehearsal of the demolition took place the same day.

On December 6, Messrs Advani and Joshi arrived at the site at 10:30 a.m. Mr Advani delivered an inflammatory speech. The kar sevaks breached the security cordon. At 11:30 a.m., Ms Uma Bharati spewed venom, using slogans like "Katue kate jayenge Ram-Ram chillayenge."

At 11:45 a.m., Mr Advani announced: "We don't need bulldozers to raze the mosque" -- read, do it manually. The assault began. Mr Advani ensured completion of the destruction "by preventing Central forces from entering Ayodhya".

The day's events were recorded by numerous journalists, Indian and foreign TV channels, and by the Intelligence Bureau, over nine hours. (Curiously, the CBI told the court that the official tapes contained no speeches!)

The sangh parivar falsely claims Mr Advani did his best to restrain the kar sevaks. The demolition, we are told, was an act of some mysterious and unknowable force -- not a human agency including BJP-VHP-RSS-Shiv-Sena leaders. Advani & Co. revelled in the mosque's destruction and hugged one another. (Ms Uma Bharati even rode on Mr Joshi's back in joy.)

The BJP rode to political power on the anti-Babri movement. The least its leaders can do is face trial, and declare either that they stand by their role, or that they regret it.

However, cowardice is a strong sangh characteristic. This was demonstrated during the Emergency, when RSS chief Deoras apologised to Indira Gandhi. When the RSS was banned after Gandhiji's assassination, many members denied any association with it!

The Rae Bareli order has widened rifts in the parivar, including the Joshi-Advani rivalry. The Advani group tried to "fix" Mr Joshi. He was kept away from strategy meetings. He has tried to outwit Mr Advani by presenting himself as more courageous and more loyal to Ram.

Should a legal appeal against the order go against Mr Advani, he too will have to resign. The parivar's position is that no minister need resign when charged with "political" offences. But the mosque's demolition was a far greater offence against the Indian public and Constitution than corruption.

Various sangh agencies are alternately berating and flattering Mr Joshi. Mr Advani has invited the VHP's disdain. Mr Vajpayee has shrewdly played his own game. He has repeatedly said Mr Joshi needn't have resigned. But not once during his trip abroad did he reject the resignation, as he instantly did in Mr Nitish Kumar's case.

None of this has enhanced the moral stature of BJP leaders. This is the right moment to expose their duplicity, and put them on the mat legally. The secular parties must appeal against the Rae Bareli order. (Strangely, Mr Mulayam Singh Yadav has decided against this -- on the ground that "I am a firm believer in the judiciary … the court verdict … should be acceptable to all…" This raises uncomfortable questions).

It's imperative to bring the Babri culprits to book. At stake is the citizen's faith in justice in this society. If this is destroyed, we will have nothing but chaos, hatred, revenge and violence.

Praful Bidwai is an eminent Indian columnist.