The Hindu : National : Best Bakery: Supreme Court raps Gujarat Government

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Tuesday, Aug 10, 2004

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Best Bakery: Supreme Court raps Gujarat Government

By Our Legal Correspondent

NEW DELHI, AUG. 9. The Supreme Court today expressed displeasure over the Gujarat Government's handling of the Best Bakery case in the light of the Public Prosecutor opposing issue of non-bailable warrants to secure the 21 accused to face trial before a Mumbai sessions court.

A Bench of Justice Arijit Pasayat and Justice C.K. Thakker told counsel for the State: "You are showing your true colours right from day one. What sort of Public Prosecutor is he who opposes arrest warrants against accused who do not appear before the Court?"

The Bench directed the Director-General of the Gujarat Police to file within a week steps taken by the State to produce the accused before the trial court. The State Government was also asked to consider the suggestions by the victims regarding appointment of a Public Prosecutor in the case.

`Trial held up'

The court expressed concern that though the trial in the case was to be completed by December 31, as directed by it on April 12 while ordering the transfer of the case to Maharashtra, the dispute between the two States over the appointment of a Public Prosecutor had held up the trial so far.

The Bench noted that the Gujarat Government never took into confidence the 14 victims in the case while appointing the Public Prosecutor as directed by it. Since Gujarat had lost its right to do so, it should agree to one of the four names suggested by the Maharashtra Government for appointment as Public Prosecutor, it said.

The Bench had shifted the case outside Gujarat as sought by Zaheera Shiekh, one of the victims, to ensure a fair trial. Since Justice Thakker recused himself from the Bench, the matter will now come up before a Bench in which he would not be a member. The Court adjourned the matter till August 16.

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