in the babri masjid demolition case, justice rohinton fali nariman said the supreme court has to choose between evasion of law and evasion of justice. this was the crux of the issue that he was hearing along with justice pinaki chandra ghose. he was responding to senior counsel kk venugopal, who said that the supreme court cannot transfer the trial case in the rae bareli special court to lucknow because that would amount to evasion of law.citing section 406 of the crpc, venugopal said that a case can be transferred from one criminal court under the jurisdiction of a high court to another criminal court of higher grade under the jurisdiction of another high court. that is, a criminal case can be transferred from one state to another, but it should be transferred to a criminal court in the other state which is of a higher ranking than the earlier one.he said that this too can be done only at the request of either the attorney general or the advocate general of a state, or on a petition by the party involved in a case. he argued that the supreme court cannot transfer a case from one court to another within the same state as is being sought in the present instance. justice nariman replied that article 139 of the constitution gives powers to the supreme court to do so.venugopal was arguing the case for bjp leaders lk advani, murli manohar joshi, kalyan singh, uma bharati, vinay kati...