New Delhi, March 21: The Supreme Court will tomorrow hear the CBI on the possible revival of conspiracy charges that a Rae Bareli court had dropped against BJP veteran L.K. Advani and 12 others in a Babri Masjid demolition case, but one of the judges at the previous hearing will not be part of Wednesday's proceedings.

Justice R.F. Nariman, who had been sitting on the bench headed by Justice P.C. Ghose on March 6 but will not be there tomorrow, had said at the last hearing: "We will not accept the discharge of these 13 persons on technical grounds."

He had told additional solicitor-general Neeraj Kishan Kaul, appearing for the CBI: "You file a supplementary chargesheet. We will allow you to file a supplementary chargesheet."

Tomorrow, Justice Ghose and Justice Deepak Gupta will hear the matter in Court No. 6 while Justice Nariman will head another bench, which will include Justice P.C. Pant, in Court No. 13.

Allocation of cases to judges is the discretion of the Chief Justice of India.

At the last hearing, Justice Nariman had said the court would "pass an order for clubbing" two cases related to the December 1992 demolition, one filed in Rae Bareli against the 13 and the other in Lucknow against "unknown" kar sevaks.

The Supreme Court is hearing an appeal the CBI had filed in May 2011, when the UPA was in power, against Allahabad High Court's May 2010 order upholding the Rae Bareli court's May 2001 verdict.

Apart from Advani, the accused include BJP seniors Murli Manohar Joshi, Kalyan Singh, Uma Bharati and Vinay Katiyar, the late Shiv Sena patriarch Bal Thackeray and several Vishwa Hindu Parishad veterans.

Justice Nariman had told Kaul the CBI "should have filed a supplementary chargesheet (including the 13 names) by this time".

Kaul said the CBI had no objection to the two cases being clubbed. But senior counsel K.K. Venugopal, who appeared for Advani, opposed a joint trial.

If the conspiracy charges were revived against the politicians and if the joint trial was held in Lucknow, Venugopal said, all the 186 witnesses who had deposed in the Rae Bareli court would have to be recalled and examined again.

He also told the court that there had been "an inordinate delay" on the CBI's part in filing the appeal. Twelve months separated the high court judgment and the CBI appeal, whereas the rules say an appeal must be filed within 90 days.

But the bench said it would condone the delay and fixed the next hearing tomorrow.