Best Bakery case
Encyclopedia
The Best Bakery case was a legal case
involving the burning down of the Best Bakery in Vadodara
, India
, on March 1, 2002. The incident, which resulted in the deaths of 14 (including 12 Muslims), has come to symbolize the carnage, and the alleged complicity of the state government of Gujarat, during the 2002 Gujarat violence
.
, sparked by the Godhra train burning
, in which 58 karsevaks (Hindu pilgrims) were burnt to death. After thorough investigations, 31 Muslims were convicted of hatching and executing a well-planned crime of burning the Sabarmati Express's S6 bogey that was carrying Hindu pilgrims.
Amnesty International
reports that in many cases of the Gujarat violence, police recorded complaints in a defective manner, failed to collect witnesses' statements as well as corroborative evidence and did not investigate the responsibility of eminent suspects. The Best Bakery case was seen by human rights organizations in India as a test case given that what Amnesty calls "strong evidence" against the accused existed, but the victims gained little justice.
filed the first informant complaint. Sheikh, a 19-year-old during the incident, was a key and notable witness. She stated that she saw her family members burn to death. When the mob gathered, shouting communal slogans, her family fled to the terrace and some locked themselves in a first-floor room. The mob set the bakery on fire and killings continued from 6 pm to 10 am the next day. Her statements were recounted for many publications. Another notable witness was a tailor from Ahmedabad, Qutubuddin Ansari.
On March 23, however, 37 of the 73 witnesses, including Sheikh, turned hostile, saying they had seen nothing the night of the attack.
All of the 21 accused were acquitted on June 27, 2003 by a "fast-track court" presided over by judge Abhay Thipse. Other witnesses had suffered head injuries and were not in a mental state to give an accurate witness account. The state government
pointed to the lapses by the police in "registering and recording of FIR" (First Information Report
) and on the part of the prosecution in "recording of evidence" of witnesses in the Best Bakery case.
The Indian Supreme Court
also criticized the government. Chief Justice VN Khare said he had "no confidence" in the Gujarat government. The Supreme court demanded a retrial. Three Supreme Court judges ordered the head of Gujarat police and the chief secretary to appear before the court to explain their actions in the controversy.
The judgement said "It was proved beyond doubt that a violent mob had attacked the bakery and killed 12 persons. However, there was no legally acceptable evidence to prove that any of the accused presented before the court had committed the crime." The judgement was critical of the police for delay in registering FIR and for not investigating the incident properly and harassing innocent people. It was reported that key witnesses in the case had lied in court out of fear for their lives as they had been given death threats. Key witnesses in the case include the wife and daughter of the bakery owner. According to their testimony to the police and the National Human Rights Commission, 500 people had attacked the bakery. They also accused party politicians of threatening and harassing them into withdrawing their testimony.
The Gujarat government responded by pointing out many other cases where the guilty were left unpunished. Solicitor General Mukul Rohatgi cited the anti-Sikh riots
of 1984 and said many of the accused are still free.
seeking retrial of the case. The appeal was admitted by the Gujarat High Court. After being indicted by the Supreme Court of India
, the police registered a case against a Bharatiya Janata Party legislator for intimidating witnesses to the incident. The Government of Gujarat admitted there were lapses on the part of the police in registering and recording FIR in the case and on the part of the prosecution in recording the evidence of witnesses. It said the police had attempted to help the accused by not submitting names of the accused.
Thus 17 charged with murdering 14 people, were retried in a case beginning in 2004.
.
The prosecution declared Zaheera Sheikh to be a hostile witness
. A tape by Tehelka
claimed that Zaheera had been bribed by an MLA. Masjlis-e-Shura, an apex decision-making body of Muslims, consequently declared Sheikh a 'dissembler', effectively ousting her from the Muslim community. The organization gave as its reason that Zaheera was "tarnishing [the community's] image by making false statements."
Sheikh was sentenced by the Indian Supreme Court to one year in prison for perjury in the murder, after being found guilty by the court of lying. She was also fined 50,000 rupees (US$1,000), which, if unpaid, would increase her time in prison by another year.
The judgement, called "landmark" by BBC journalist Sanjoy Majumder, brought the case to an end. The case has the legacy of being "one of the country's most controversial and high profile trials."
and requested re-recording of evidence.
Legal case
A legal case is a dispute between opposing parties resolved by a court, or by some equivalent legal process. A legal case may be either civil or criminal...
involving the burning down of the Best Bakery in Vadodara
Vadodara
Vadodara formerly known as Baroda is the third most populated city in the Indian State of Gujarat . It is one of the four cities with the population of over 1 million...
, India
India
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
, on March 1, 2002. The incident, which resulted in the deaths of 14 (including 12 Muslims), has come to symbolize the carnage, and the alleged complicity of the state government of Gujarat, during the 2002 Gujarat violence
2002 Gujarat violence
The 2002 Gujarat violence describes the Godhra train burning and resulting communal riots between Hindus and Muslims. On 27 February 2002 at Godhra City in the state of Gujarat, the Sabarmati Express train was attacked by a large Muslim mob in a conspiracy. But some authentic sources deny the claim...
.
Background
On March 1, 2002, communal frenzy enveloped Vadodara. The Best Bakery, a small outlet in the Hanuman Tekri area of Vadodara, was allegedly attacked by a mob, which burned down the bakery, killing 14 people, 12 of them Muslims. This attack was part of the 2002 Gujarat violence2002 Gujarat violence
The 2002 Gujarat violence describes the Godhra train burning and resulting communal riots between Hindus and Muslims. On 27 February 2002 at Godhra City in the state of Gujarat, the Sabarmati Express train was attacked by a large Muslim mob in a conspiracy. But some authentic sources deny the claim...
, sparked by the Godhra train burning
Godhra Train Burning
The Godhra train burning was an incident in which a sleeper coach on a passenger train was set on fire in 2002 by Muslims in Godhra, Gujarat, India in a conspiracy...
, in which 58 karsevaks (Hindu pilgrims) were burnt to death. After thorough investigations, 31 Muslims were convicted of hatching and executing a well-planned crime of burning the Sabarmati Express's S6 bogey that was carrying Hindu pilgrims.
Amnesty International
Amnesty International
Amnesty International is an international non-governmental organisation whose stated mission is "to conduct research and generate action to prevent and end grave abuses of human rights, and to demand justice for those whose rights have been violated."Following a publication of Peter Benenson's...
reports that in many cases of the Gujarat violence, police recorded complaints in a defective manner, failed to collect witnesses' statements as well as corroborative evidence and did not investigate the responsibility of eminent suspects. The Best Bakery case was seen by human rights organizations in India as a test case given that what Amnesty calls "strong evidence" against the accused existed, but the victims gained little justice.
Case and acquittal
The day after the attack, Zaheera SheikhZaheera Sheikh
Zaheera Sheikh , aka Zahira Sheikh, is the key witness in India's Best Bakery case. She is the daughter of the owner of the bakery involved in the Best Bakery case....
filed the first informant complaint. Sheikh, a 19-year-old during the incident, was a key and notable witness. She stated that she saw her family members burn to death. When the mob gathered, shouting communal slogans, her family fled to the terrace and some locked themselves in a first-floor room. The mob set the bakery on fire and killings continued from 6 pm to 10 am the next day. Her statements were recounted for many publications. Another notable witness was a tailor from Ahmedabad, Qutubuddin Ansari.
On March 23, however, 37 of the 73 witnesses, including Sheikh, turned hostile, saying they had seen nothing the night of the attack.
All of the 21 accused were acquitted on June 27, 2003 by a "fast-track court" presided over by judge Abhay Thipse. Other witnesses had suffered head injuries and were not in a mental state to give an accurate witness account. The state government
Government of Gujarat
The Government of Gujarat also known as the State Government of Gujarat, or locally as State Government, is the supreme governing authority of the Indian state of Gujarat and its 26 districts...
pointed to the lapses by the police in "registering and recording of FIR" (First Information Report
First Information Report
A First Information Report or FIR is a written document prepared by the police in India, Pakistan and Japan when they receive information about the commission of a cognizable offence. It is a report of information that reaches the police first in point of time and that is why it is called the First...
) and on the part of the prosecution in "recording of evidence" of witnesses in the Best Bakery case.
Reactions
Amnesty international criticized the judgment as "the lack of government commitment to ensuring justice to victims of the communal violence in Gujarat." India's National Human Rights Commission described it as a "miscarriage of justice" and, along with other petitioners, argued that the case should be investigated by an independent agency. The Supreme court also expressed displeasure at the acquittal. Some critics pointed out that although 100 Muslims had been charged with involvement in the burning of the train, no Hindus had been charged with violence against Muslims. This, they believed, was because "the Gujarat state government had little interest in ensuring justice for the victims."The Indian Supreme Court
Supreme Court of India
The Supreme Court of India is the highest judicial forum and final court of appeal as established by Part V, Chapter IV of the Constitution of India...
also criticized the government. Chief Justice VN Khare said he had "no confidence" in the Gujarat government. The Supreme court demanded a retrial. Three Supreme Court judges ordered the head of Gujarat police and the chief secretary to appear before the court to explain their actions in the controversy.
The judgement said "It was proved beyond doubt that a violent mob had attacked the bakery and killed 12 persons. However, there was no legally acceptable evidence to prove that any of the accused presented before the court had committed the crime." The judgement was critical of the police for delay in registering FIR and for not investigating the incident properly and harassing innocent people. It was reported that key witnesses in the case had lied in court out of fear for their lives as they had been given death threats. Key witnesses in the case include the wife and daughter of the bakery owner. According to their testimony to the police and the National Human Rights Commission, 500 people had attacked the bakery. They also accused party politicians of threatening and harassing them into withdrawing their testimony.
The Gujarat government responded by pointing out many other cases where the guilty were left unpunished. Solicitor General Mukul Rohatgi cited the anti-Sikh riots
1984 anti-Sikh riots
The 1984 Anti-Sikh pogroms / riots or the 1984 Sikh Massacre was a sikh genocide there was four days of violence in northern India, particularly Delhi, during which armed mobs killed Sikhs, looted and set fire to Sikh homes, businesses and schools, and attacked gurdwaras, in response to the...
of 1984 and said many of the accused are still free.
Re-trial
The Gujarat government filed an amended appeal in the Gujarat High CourtGujarat High Court
The Gujarat High Court is the High Court of the state of Gujarat. It was established on 1 May 1960 under the Bombay Re-organisation Act, 1960 after the state split from Bombay State.The seat of the court is Ahmedabad...
seeking retrial of the case. The appeal was admitted by the Gujarat High Court. After being indicted by the Supreme Court of India
Supreme Court of India
The Supreme Court of India is the highest judicial forum and final court of appeal as established by Part V, Chapter IV of the Constitution of India...
, the police registered a case against a Bharatiya Janata Party legislator for intimidating witnesses to the incident. The Government of Gujarat admitted there were lapses on the part of the police in registering and recording FIR in the case and on the part of the prosecution in recording the evidence of witnesses. It said the police had attempted to help the accused by not submitting names of the accused.
Thus 17 charged with murdering 14 people, were retried in a case beginning in 2004.
Perjury
Zaheera Sheikh retracted her statement again. She stated that the judgment passed by the Gujarat court was correct. She also stated that she had never met the legislator. She claims that she made all the statements under the pressure of NGO activist Teesta SetalvadTeesta Setalvad
Teesta Setalvad is a journalist and educationist. She is granddaughter of India's first Attorney General M. C. Setalvad-Personal life:She graduated with a degree in Philosophy from Bombay University in 1983 and started work as a journalist. She reported for the Mumbai editions of The Daily and The...
.
The prosecution declared Zaheera Sheikh to be a hostile witness
Hostile witness
A hostile witness is a witness in a trial who testifies for the opposing party or a witness who offers adverse testimony to the calling party during direct examination.A witness called by the opposing party is presumed hostile...
. A tape by Tehelka
Tehelka
Tehelka is an Indian weekly political magazine under the editorship of Tarun Tejpal known for its undercover exposé style of journalism. Its cover price is Rs 20 per issue. The publication began in 2000 as a news website, Tehelka.com...
claimed that Zaheera had been bribed by an MLA. Masjlis-e-Shura, an apex decision-making body of Muslims, consequently declared Sheikh a 'dissembler', effectively ousting her from the Muslim community. The organization gave as its reason that Zaheera was "tarnishing [the community's] image by making false statements."
Sheikh was sentenced by the Indian Supreme Court to one year in prison for perjury in the murder, after being found guilty by the court of lying. She was also fined 50,000 rupees (US$1,000), which, if unpaid, would increase her time in prison by another year.
Life sentences
In February 2006, a court in India convicted nine of the 21 people of murder, sentencing them to life imprisonment. It acquitted 8 others, while issuing warrants for the arrest of four missing persons.The judgement, called "landmark" by BBC journalist Sanjoy Majumder, brought the case to an end. The case has the legacy of being "one of the country's most controversial and high profile trials."
Allegation of false depositions
A key witness petitioned the Mumbai High Court claiming that her depositions and identifications were false as misguided by Teesta SetalvadTeesta Setalvad
Teesta Setalvad is a journalist and educationist. She is granddaughter of India's first Attorney General M. C. Setalvad-Personal life:She graduated with a degree in Philosophy from Bombay University in 1983 and started work as a journalist. She reported for the Mumbai editions of The Daily and The...
and requested re-recording of evidence.