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This is an archive article published on January 31, 2004

Best Bakery is finally before highest court

The Supreme Court today admitted a Special Leave Petition by Zaheera Habibullah Shaikh challenging a judgment of the Gujarat High Court upho...

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The Supreme Court today admitted a Special Leave Petition by Zaheera Habibullah Shaikh challenging a judgment of the Gujarat High Court upholding the acquittal of all the 21 accused by the trial court.

A bench, comprising Justice Doraiswamy Raju and Justice Arijit Pasayat, while admitting the SLP, issued notice to the Gujarat government. At around the same time, Additional Solicitor General Mukul Rohatgi, representing the Gujarat government, submitted in the court of the Chief Justice that the state government would file within a week, an appeal against the judgment of the High Court.

This was during the resumed hearing of a batch of petitions by the National Human Rights Commission and others seeking different reliefs in the post-Godhra riot cases in the state. The bench, comprising Chief Justice V N Khare, Justice S B Sinha and Justice S H Kapadia, also directed the Gujarat government to supply relevant files to the amicus curiae in the case, Harish Salve, within three weeks.

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The matter will come up for hearing again on February 27. The trial court acquitted them and on the directions of the Supreme Court, an amended appeal was filed in the High Court seeking retrial of the case. However, the High court dismissed the amended appeal and upheld the acquittal.

Zaheera, in her petition, alleged that the case on hand was a classic case of miscarriage of justice at all levels. She said that the ‘‘the investigation was defective, the witnesses were not protected, public prosecutor glossed over his job of effective representation of the victims and the judge mechanically applied his mind to the facts of the case.’’

She further contended that the prosecution witnesses were threatened throughout by the accused and their relatives and they had ultimately succumed to their threats, especially because some of them had close relatives in the ruling party. Citing this, she said that this is a fit case for a re-trial.

HC
cited Indo-Pak talks to slam re-trial petitioners

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