The Hindu : Zahira's petition for retrial in bakery case adjourned

Online edition of India's National Newspaper
Tuesday, Feb 24, 2004

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Zahira's petition for retrial in bakery case adjourned

By Our Legal Correspondent

NEW DELHI, FEB. 23. The Supreme Court today adjourned the hearing on a special leave petition from Citizens for Justice and Peace and the key witness in the Best Bakery case, Zahira Shaikh, praying for a retrial outside Gujarat.

A Bench comprising Justice P. Venkatarama Reddi and Justice Arijit Pasayat adjourned the hearing on the petition, which wanted that the Central Bureau of Investigation or any other independent agency be directed to carry out fresh investigation, under the constant monitoring of the apex court.

Ms. Zahira had sought initiation of prosecution for abetting arson, looting and killings and for other related offences in the Best Bakery incident against the then Commissioner of Police, Vadodara, and the officers of the Panigate Police Station. Contending that the trial court judgment was based on evidence given under threat, intimidation and fear, the petitioner said it was bad in law and liable to be set aside.

The present case was one where at all levels there had been a miscarriage of justice. The investigation was defective, the witnesses were not protected, the public prosecutor glossed over his job of effective representation of the victims and the trial judge had mechanically acquitted the accused. Also, the entire trial was conducted in a hostile atmosphere.

The petitioners submitted that the victims of the carnage felt it was not possible for them to get justice in Gujarat. This apprehension was also shared by thousands of other victims. Hence, retrial of the case outside Gujarat was necessary.

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