The Hindu : Gujarat files plea seeking retrial in Best Bakery case

Online edition of India's National Newspaper
Tuesday, Sep 30, 2003

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National

Gujarat files plea seeking retrial in Best Bakery case

By Manas Dasgupta

AHMEDABAD SEPT. 29. The Gujarat Government today filed a revised and amended petition in the High Court seeking retrial of the Best Bakery case in which all the 21 accused were acquitted by a fast track court.

At least 12 persons were burnt alive while two others are still reported missing when a mob set fire to the bakery on the outskirts of Vadodara during the communal riots on March 1, 2002. The revised petition has been filed as per the promise made by the State Chief Secretary, P.K. Lehri, before the Supreme Court on September 18 where he, along with the State Director-General of Police, K. Chakravarthy, were summoned in connection with the National Human Rights Commission petition against the Vadodara fast track court's judgment in the Best Bakery case.

The High Court has admitted the revised and amended petition and has fixed December 1 for the next hearing. Asking police to provide protection to four key witnesses in the case who told the Supreme Court about the alleged threat to their lives, the High Court has also directed the DGP to file an affidavit giving details of the steps taken for giving protection to the witnesses in the case. The court has also directed police to issue bailable warrants against all the 21 accused released by the fast track court.

The Government has also promised a re-recording of the statements of the key witnesses, particularly the main complainant, Zahira Sheikh, her sister, Sheherabanu, and her husband, Mohammad Sheikh, who told the media outside the court that they were forced to lie in the fast track court due to threat to their lives. The court has directed the Government to submit the diary of the trial of the case in the fast track court by November 15 before the hearing begins on December 1.

Giving grounds for seeking retrial, the Advocate-General, Sureh Shelat, admitted that the case before the fast track court was not conducted properly. While witness after witness turned hostile, no attempt was made to find out the reasons behind such behaviour. The court also did not ask the key witnesses, including Zahira, why they turned hostile nor did it take into consideration the statements made outside the court holding the accused guilty of leading the mob to set fire to the bakery burning 12 persons alive.

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