New Delhi: Petitioner Haji Mahboob Ahmad claimed that the order to drop conspiracy charges against those involved in the Babri Masjid demolition was bad in law, he sought a direction to quash the High Court order.

On Tuesday, additional solicitor-general Neeraj Kishan Kaul submitted that the CBI had filed an affidavit in 2013 explaining the delay of nine months in preferring an appeal against the HC verdict.

He said the CBI would file another affidavit on merit and sought time. The bench posted the matter for further hearing after four weeks, making it clear the matter would be decided on the question of delay as well as on merits.

Read: Supreme Court notice to LK Advani, top BJP leaders in 1992 Babri Mosque demolition case

The bench was hearing a special leave petition filed by the CBI against an order of the Allahabad high court of May 20, 2010 upholding the dropping of conspiracy charges by the special court against the BJP leaders and dismissed the CBI’s revision petition for a direction to proceed with the conspiracy charge against them.

It was argued on behalf of Mr Advani and the others that the exercise of the CBI of challenging the proceedings up to the Supreme Court was nothing, but an abuse of the process of law.

Mr Advani said the trial court had rightly concluded that it had no jurisdiction to try the case and therefore there was no illegality in the impugned order dropping the charge.