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Friday, Nov 05, 2004

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FLIP-FLOPS AND JUSTICE

THE THIRD VOLTE-FACE in as many years by Zahira Sheikh, a key witness in the Best Bakery burning case, might in the end do more damage to her own credibility than to the cause of the prosecution in the ongoing retrial in a Mumbai court. In the latest turnaround, Ms. Sheikh directed her anger at Teesta Setalvad, the social activist who helped her move the Supreme Court to transfer the case from Bharatiya Janata Party-ruled Gujarat. Ironically, Ms. Setalvad, who made a reputation fighting for justice for the victims of the post-Godhra Gujarat riots in 2002, now stands charged with `holding' Ms. Sheikh and her brother `hostage' in solitary confinement for seven months to `coerce' them into making false charges against the accused in the case. The present retraction by Ms. Sheikh, which is on the lines of her testimony before the trial court in Vadodara, contradicts both her deposition before the National Human Rights Commission and her statements to the media and in public fora in the days following the burning down of the Best Bakery on March 1, 2002. Long before Ms. Setalvad actively took up the case, Ms. Sheikh had implicated several of the 21 accused who were brought to trial in the Vadodara court. Indeed, the suspicion that the judicial process could have been manipulated in the original fast track trial court arose because of the contradictions between her initial statements made in public fora and the subsequent testimony in court, which was made during a period she was in the "protective custody" of members of the ruling establishment.

While it is entirely possible that those seeking justice in the case persuaded Ms. Sheikh to revert to her original statements, this surely cannot be construed as using underhand means to coerce her into any testimony. Indeed, the circumstances surrounding her testimony at the trial court gave the impression that she had been pressured not to give evidence against the accused in the case. If anything, coercion was apparent in the circumstances surrounding her claim in the Vadodara court that she did not know any of the accused. Moreover, after that court acquitted the accused, Ms. Sheikh alleged to the media that a BJP member of the Gujarat Legislative Assembly had warned her not to testify against the accused. In short, the flip-flops have comprehensively eroded Ms. Sheikh's credibility as a witness and indicated the play of extraneous factors.

Although the latest retraction is a setback to the prosecution in the Best Bakery case, the intervention of the Supreme Court and the retrial in a court outside have ensured that most of the witnesses are able to depose freely. Already, three of them have identified several of the accused. While Raes Khan, deposing for the first time, identified five of the accused, Taufel Ahmed identified seven and Shezad Khan 12. It is highly unlikely that the entire case will collapse on account of Ms. Sheikh's latest flip-flop. However, non-governmental organisations that have taken up issues relating to the Gujarat riots, as also the NHRC, must work to ensure continued monitoring of this sensitive case by the apex court. To reinforce the people's faith in the country's criminal justice delivery system, shaken by the twists and turns in this case, it is important to guard against manipulation of witnesses. The Best Bakery case will be seen as a test for the rule of law and justice in India.

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