In a dramatic climbdown, the Gujarat Government today conceded practically all the prayers made by the National Human Rights Commission (NHRC) before the Supreme Court to salvage the Best Bakery case. Admitting that witnesses who turned hostile during the trial had been either ‘‘coerced or won over,’’ the state said it would amend its appeal to the High Court in order to seek direction for further investigation and retrial of the case. It was a very unusual sight in the courtroom today: Chief Justice V N Khare was at his probing best, firing question after question which clearly unnerved Gujarat DGP K Chakravarthy — he had been summoned to the court along with Chief Secretary Praveen Kanubhai Laheri — and he was barely able to mumble Ayes and Nos: • You are the DGP of the state. Why didn’t you take steps when the witnesses turned hostile? • Why have you not taken any steps for cross-examination? • When did you come to know that the witnesses turned hostile? At this juncture, Chakravarthy said: ‘‘I came to know through the newspapers.’’ Additional Solicitor General Mukul Rohatgi, appearing for Gujarat government, intervened: ‘‘My Lord, he is the DGP and he may not be aware of all details of all the cases.’’ But the Chief Justice kept up the pressure: • ‘‘He is the highest police officer.’’ • ‘‘There appears that police officers abruptly and arbitrarily recorded the statements. Do you agree with this or don’t agree?’’ • ‘‘When you were aware that the statements were not voluntary, why didn’t you act? You ought to have.’’ Chakravarthy said that he did try to find out from the Vadodara police commissioner why so many witnesses had resiled from their original statements. ‘‘The commissioner told me that the witnesses appear to have been either coerced or won over,’’ he said. A three-judge bench, comprising Chief Justice V N Khare, Justice S B Sinha and Justice Brijesh Kumar asked Gujarat to file a copy of the amended appeal in the apex court by October 9. The bench said that it would allow the appeal in the High Court if it was satisfied by the amended grounds of appeal taken before the High Court. Warning the state that it would ‘‘not allow the mistakes committed before the trial court to be repeated before the High Court,’’ it said an amicus curiae would be appointed to monitor the trial. The only issue that has remained unresolved is the NHRC’s prayer that further investigation should be entrusted to an independent agency like the CBI. Rohatgi objected, saying that the NHRC is ‘‘casting aspersions on the entire administrative machinery in the state.’’ The NHRC, on its part, has quietly given up its rather radical proposal that the retrial of the Best Bakery case and the trial of other serious Gujarat carnage cases be held outside the state. Responding to reports in The Indian Express on the saffron antecedents of public prosecutors chosen for the riot cases still pending trial, the state gave a written undertaking to the apex court that it would appoint special public prosecutors from the best legal talent available in the districts. In another confidence building measure, Gujarat said the appeal in the Best Bakery case before the High Court would be argued by no less than the Advocate General of the state. Chief Secretary Laheri told the court that the appeal filed last month was drafted by the state’s legal department in keeping with the regular system there.
