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 ... ... 37 ... ... ..

Select target paragraph3