The Hindu : National : Another witness testifies in Best Bakery re-trial

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Friday, Nov 05, 2004

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Another witness testifies in Best Bakery re-trial

By Our Special Correspondent

MUMBAI, NOV. 4. Shehzad Khan, who worked in the Best Bakery during the 2002 Gujarat riots, today told a Mumbai court holding the re-trial of the case that on the day of the killing he saw a mob of people coming towards the bakery shouting "kill the Muslims."

Shehzad took four days to regain consciousness after the attack and he identified the weapons used to attack him. He said that before giving evidence here he was called to the court at Baroda to testify. However, he was declared to be of unsound mind. "I was frightened in the court and they threw me out saying I was pagal (insane)."

Counsel for defence, Adik Shirodkar, took issue with this and asked how this was relevant to the re-trial. The special public prosecutor, Manjula Rao, said she was entitled to show that the witness was called for examination and then declared to be of unsound mind in the previous trial. There were repeated allegations that somebody was tutoring the witnesses, when nobody except the Maharashtra police was with them and that too for their protection, Ms. Rao said.

`Not fully conscious'

During the cross-examination, Shehzad said he did not know if he had told the police that his recorded statement was indeed consisting of all the facts relating to the case as he was not fully conscious at that time. Mr. Shirodkar said that since the prosecution had raised the issue of Godhra, he would like to ask some questions on it. "Fifty eight people died there and nobody is bothered but here 14 people died and everyone is concerned," he said. Mr. Thipsay then said these were not matters to be raised in court. The cross-examination will continue tomorrow. Zahira's sister-in-law and her brother Nafitullah's first wife, Yasmin Sheikh, is expected to testify after Shehzad.

Ms. Rao later told reporters that Zahira's mother and sister did receive the summons issued to them and they were to appear in court today. The Mira Road police station had called them and served summons on them. They had met Ms. Rao on October 27 and said they would appear in court. However, Zahira at that time was reported to be in Uttar Pradesh.

"Zahira was so self-conscious about publicity and this was expected, that's why I did not examine her first," Ms. Rao said. "Officially we don't know where she is but I have written a letter to the Gujarat police to find out what can be done and where she is. Fresh summons can be issued to her once the picture is clear but I will wait and see for a few days, maybe till Monday," she said. "The rights of the accused also have to be protected and she is just taking advantage of the situation," Ms. Rao added.

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