S I T UAT I O N I N G U JA R AT
3.22 Thereafter, on 6 July 2003, no reply having been received from the Chief
Secretary of Gujarat in response to the Proceedings of 30 June 2003, the
Commission observed that, for an effective enquiry, it was necessary to examine
the charge-sheet filed u/s 173 Cr.P.C. in the Best Bakery Case and the complete
record of the Trial Court including the judgement. The Trial Court was
therefore requested to furnish a copy of the above-mentioned records to the
NHRC team, which had been specially authorized in this behalf by the
Commission u/s 13 of the Protection of Human Rights Act, 1993. The Director
General of Police was also requested to extend necessary protection, security
and all possible assistance to the team to carry out the mandate of the
Commission.
3.23 The team was in Ahmedabad and Vadodara on 7 and 8 July 2003
respectively and brought back with it to New Delhi the relevant materials
pertaining to the Best Bakery Case. Thereafter, in a meeting of the Commission
on 11 July 2003, it was decided to request eminent lawyers to examine the
entire record and to give their advice on the future course of action. On the
same date, viz. 11 July 2003, one of the principal prosecution witnesses in the
Best Bakery Case, Sheikh Zahira Bibi Habeebullah, members of whose family
had died in the carnage in the Best Bakery, made a statement before the
Commission after requesting an opportunity to do so. She said, inter alia, that
under threat to her life and the life of remaining members of her family, she
had resiled in the Trial Court from the earlier statement that she had made
to the police. She also named certain persons who were responsible for her
resiling from her earlier statement and sought the help of the Commission to
re-open the Best Bakery Case. The entire statement of Sheikh Zahira has been
placed on record by the Commission.
3.24 On 31 July 2003, in response to repeated requests from representatives
of the print and electronic media regarding the action being taken by it in the
Best Bakery Case, the Commission set out its position in the following words:
"Deeply concerned about the damage to the credibility of the criminal
justice delivery system and negation of human rights of victims, the
National Human Rights Commission, on consideration of the report
of its team which was sent to Vadodara, has today filed a Special
Leave Petition under Article 136 of the Constitution of India in the
Supreme Court with a prayer to set aside the impugned judgement
of the Trial Court in the Best Bakery case and sought directions for
further investigation by an independent agency and retrial of the case
in a competent court located outside the State of Gujarat.
ANNUAL REPORT 2002-2003
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