...... 13 CHAPTER 3 Situation in Gujarat 3.1 The sequence of events arising out of the tragedy that occurred in Godhra on 27.2.2002 and the communal violence that erupted thereafter, and many measures and initiatives taken by the Commission to ensure protection of human rights in the context of these events, like the proceedings before Courts, and the proceedings of the Commission, have already been covered in detail in its two annual reports relating to the years 2001-2002, and 20022003. Events in Gujarat have continued to receive attention of the Commission. This report brings progress on the Gujarat issues up to date as at the time of writing. Actions relating to earlier years which have been covered in the related annual reports are not being repeated in the present report. 3.2 A major development in the Gujarat issue during 2003 – 2004 (the period under review in the present report) was the trial of the case, which has come to be known as the “Best Bakery Case”. After charge sheet was filed against 21 accused, the trial commenced before the Fast Track Court at Vadodara on 20th February 2003. Although a large number of witnesses had been cited by the prosecution, only 73 were examined and the rest, including some eye-witnesses, were given up. 37 of the witnesses resiled from their earlier statements and were declared hostile. On 21st June 2003, the remaining statement of the Investigating Officer was recorded and he was also cross-examined. On the same day, statements of all the 21 accused persons, under section 313 Cr.PC, were recorded by the Trial Court. The Trial Court also heard arguments of the prosecution and the defence on the same day i.e. 21st June 2003 and reserved the judgment, which was delivered on 27th June 2003, acquitting all the 21 accused. 3.3 After the judgment of the Fast Track Court acquitting all the 21 accused in the Best Bakery Case on 27th June, 2002, the Chairperson, NHRC, in response to some media queries stated, (reported both in the print and electronic media) that there had been a “miscarriage of justice”, and the State of Gujarat ought to file an appeal against the judgment of the Trial Court. He also said that this would be an opportunity for the state to “restore its credibility”. ANNUAL REPORT 2003-04

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