The Hindu : Front Page : Zahira asked to explain hostility

Online edition of India's National Newspaper
Tuesday, Dec 07, 2004

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Front Page

Zahira asked to explain hostility

By Our Legal Correspondent

NEW DELHI, DEC. 6. The Supreme Court today issued notice to the key witness, Zahira Sheikh, and the Gujarat Government on an application by Teesta Setalvad to explain whether her [Zahira] turning hostile in the Best Bakery case amounted to filing a false affidavit before the Supreme Court and whether it could be viewed as contempt of court.

A Bench of Justice Arijit Pasayat and Justice H. K. Sema also issued notice to the National Human Rights Commission and the accused seeking their response to Ms. Setalvad's application.

The Bench observed: ``If Ms. Zahira says that her statement before the Vadodara Fast Track Court was true, by necessary corollary, her statement on the basis of which we took action in the case was false."

On November 3 last, Ms. Zahira alleged that Ms. Setalvad of the Citizens for Justice and Peace kept her in confinement for seven months and compelled her to give false statements in the Best Bakery case from the one she made before the trial court in Vadodara.

Ms. Zahira had accused Ms. Setalvad of pressuring her into making statements and naming innocent persons during the ongoing retrial of the case in a special court in Mumbai. She also sought protection from the Gujarat police.

Refuting the allegation, Ms. Setalvad said that in her application the Supreme Court transferred the trial of the case from Gujarat to Mumbai on the basis of the averments made by Ms. Zahira in her affidavit narrating the woeful lack of investigation and cooperation from the investigating and prosecuting agencies.

She had said that many persons questioned by her had alleged collusion between the Gujarat police and the rioters during the post-Godhra riots. Ms. Setalvad described Ms. Zahira's allegations against her as baseless.

Appearing for Ms. Zahira, senior advocate P. N. Lekhi contended that as the trial was going on, the Supreme Court should not pass any order, which would have a bearing on the witnesses.

He said Ms. Setalvad's application was "full of fiction" and a CBI probe against her would be required to establish the truth. Senior advocate Nageswar Rao, who appeared for the accused, supported him.

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