Author: Press Trust of India
Publication: The Hindustan Times
Date: January 14, 2004
URL: http://www.hindustantimes.com/news/181_531524,000900040003.htm
Raising "serious" doubts over claims
of Zaheera Sheikh - key witness in the Best Bakery carnage in Vadodara
of that threats forced her to turn hostile during trial, the Gujarat High
Court has observed "there seems to be definite conspiracy to malign people
by misusing her."
The division bench of Justice BJ
Sethna and Justice JR Vora, in their judgement dismissing Gujarat government's
amended appeal challenging the acquittal of 21 accused in the case and
seeking retrial, were also critical of police probe and role of NGOs that
championed the cause of Zaheera even as it gave a clean chit to the trial
judge and prosecution.
The bench, dismissing the state's
appeal on December 16 last year, had said it would assign reasons for the
same on reopening of court on January 12 after the winter vacation.
"We are not prepared to believe
that she (Zaheera) turned hostile because she was threatened for deposing
before the court on May 17, 2003. Trial court continued thereafter and
the learned judge pronounced the judgement only on June 27, 2003", the
bench said.
"Immediately, on the next day of
pronouncement of judgement, Zaheerabibi had made a statement that she was
threatened therefore she had turned hostile. We have serious doubt about
it", the bench noted, wondering why she had not stated this till judgement
(of acquittal) was pronounced.
"There seems to be a definite design
and conspiracy to malign people by misusing this witness Zaheerabibi, who
is hardly 19 years old and can easily fall in prey to anyone and play into
the dirty hands of anti- social and anti-national elements," the bench
said.
On Zaheera's affidavit filed in
the Supreme Court, the bench observed: "It was only after a leading English
daily approached her after the acquittal judgement that she came out with
the case that she was threatened at the time of deposition and therefore
could not speak the truth."
"On the third day of pronouncement
of judgement, she was out of the state and on the public platform and in
presence of others, she reiterated the threat administered to her," the
bench noted.
Zaheera had been given shelter by
Mumbai-based NGO Citizen's for Justice and Peace a few days after the acquittal
and she had also addressed a press conference there, it may be recalled.
"From all these, we have a reasonable
apprehension in our mind that there is a deep-rooted conspiracy of misusing
this witnesses Zaheera by some people with an ulterior motive. Unfortunately,
poor people like Zaheera and others have easily fallen their prey," the
bench observed.
On other affidavits filed by other
witnesses in the apex court, wherein they said that "looking at the accused,
who were sitting in the court, they were frightened and did not speak the
truth, the bench observed: "It appears that now the witnesses have even
made allegations against the trial judge. This is nothing but a gross contempt."
On advocate general's allegations
about failure on the part of public prosecutor to drop a witness Rashishkhan
as prosecution witness, the bench observed he was not examined because
all the summons issued could not be served as he had left for his native
place in Uttar Pradesh.
"How long can anyone may wait for
the witness? When the matter is placed before fast track court and there
is always a demand to expedite the trial, then no fault can be found with
it (dropping his name)", they stated.
The bench also rejected the state's
plea for retrial and bringing on record the affidavits filed by four witnesses,
including Zaheera's on the record of this appeal.
"If such an application is allowed
then it should amount to capricious exercise of power of this court in
favour of the prosecution to fill up the lacunae", they said.
Dwelling on prosecution case, the
bench also stated that "If the accused were real culprits, then they would
not have waited for whole night, right from 7 pm on March 1 to next day
morning up to 10 am for killing and assaulting the inhabitants of Best
Bakery. The whole night was at their disposal and they would have done
it taking advantage of darkness so that nobody surviving the attack could
identify them."
The accused and eyewitnesses were
neighbours, according to prosecution case and three of 14 burnt alive were
Hindus.
"When they were knowing that at
least three Hindus were working and staying in the Best Bakery, then they
would not have killed at least those three of their own community", the
bench said.
