...... SITUATION IN GUJARAT 15 Interest Litigation (Writ Petition) – WP (Crl.) No. 109 of 2003 by its order of 8th August 2003. Ms. Zahira Sheikh, one of the prime witnesses, also filed an SLP in the Supreme Court against the order of acquittal and notice was issued to the State and the acquitted accused in the said case. 3.9 The Commission had also filed a separate application u/s 406 Cr.P.C. before the Supreme Court on 31st July 2003 seeking transfer of 9 other serious cases, arising out of the Godhra incident, Chamanpura (Gulburga Society) incident, Naroda Patiya incident and the Sadarpura case in Mehsana district, for their trial outside the State of Gujarat. This application was taken up by the Supreme Court along with the SLP filed by the Commission. The matter of transfer of cases is still pending, though the Supreme Court has stayed the trials in those cases after issuing notice to the State. 3.10 The appeal filed by the State of Gujarat against the acquittal in the Best Bakery case was dismissed by the Gujarat High Court on 26th December 2003. The matter was, thereafter, further considered by the Commission on 19.1.2004. After perusing the judgment delivered by the High Court of Gujarat, it asked the Chief Secretary, Government of Gujarat to inform the Commission what action, if any, the State of Gujarat was proposing to take in the matter of dismissal of appeal against acquittal of the accused in the Best Bakery case. The State remained indifferent and conveyed no information to the Commission. 3.11 Against the judgment of acquittal delivered by Gujarat High Court, Ms. Zahira Habibulla H. Sheikh and Ors, filed SLP in the Supreme Court. The State of Gujarat also filed an appeal against the order of acquittal. They were registered as Criminal Appeal Nos. 446-449/2004. By a detailed order dated 12th April 2004, the Supreme Court allowed the criminal appeals and set aside the order of acquittal of all the 21 accused passed by the Trial Court and confirmed by the Gujarat High Court. The Supreme Court further directed retrial of the case outside the State of Gujarat. The judgment of the Supreme Court makes reference to the Statement made by Ms. Zahira Habibulla H. Sheikh before the Commission and the SLP filed by the NHRC before Supreme Court, which was converted as (PIL) Writ Petition. 3.12 While directing retrial of the case on 12th April, 2004, the Supreme Court observed as under:“Keeping in view the peculiar circumstances of the case, and the ample evidence on record, glaringly demonstrating subversion of justice delivery system with no congenial and conducive atmosphere still prevailing, we direct that the retrial shall be done by a Court under the jurisdiction of the Bombay High Court. The Chief Justice of the said High Court is requested to fix up a Court of Competent jurisdiction. We direct the State Government to appoint another Public Prosecutor and it shall be open to the affected persons to suggest any name which may also ANNUAL REPORT 2003-04