Best Bakery case

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The Best Bakery case (also called Tulsi Bakery case) was a legal case involving the burning down of the Best Bakery on March 1, 2002, in Vadodara, India. The incident, which resulted in the deaths of 14[1] (including 12 Muslims[2]), has come to symbolize the carnage, and the alleged complicity of the state government during the 2002 Gujarat violence.[3]

Contents

[edit] Background

On March 1, 2002, communal frenzy enveloped Vadadora, India.[4] The Best Bakery, a small outlet in the Hanuman Tekri area of Vadodara,[3] was attacked by a mob, which burned down the bakery, along with 14 people, 12 of them Muslims.[5] This attack was part of the 2002 Gujarat violence, sparked by the Godhra train burning, in which the Muslim community was targeted for three months, leaving more than 2000 people killed.[6]

Amnesty International reports that in many cases of the Gujarat violence, police recorded complaints in a defective manner, and failed to collect witnesses’ statements as well as corroborative evidence and did not investigate responsibilities of eminent suspects have not been investigated by police. The Best Bakery case was seen by human rights organizations in India as a test case given where, what Amnesty calls, "strong evidence" against the accused existed,[6] but the victims gained little justice.[5]

[edit] Case and acquittal

The day after the attack, Zaheera Sheikh filed the first informant complaint. [1] Zaheera, 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.[3]

On March 23, however, 37 of the 73 witnesses, including Zaheera, turned hostile, saying they had seen nothing the night of the attack. [3]

All of the 21 accused Hindus were acquitted on June 27, 2003 by a "fast-track court."[7][5] Other witnesses, had suffered head injuries and were not in the mental state to give an accurate witness. The government pointed to the lapses by the police in "registering and recording of FIR" and on the part of the prosecution in "recording of evidence" of witnesses in the Best Bakery case.[8]

[edit] Reactions

Amnesty international criticized the judgment as "the lack of government commitment to ensuring justice to victims of the communal violence in Gujarat."[6] India's National Human Rights Commission described it as a "miscarriage of justice" and, along with other petitioners, argued that the case 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 violence, by contrast, no Hindus had been charged. This, they believed, was because "the Gujarat state government had little interest in ensuring justice for the Muslim victims."[9]

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.[2]

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 armed with petrol bombs had attacked the bakery. They also accused Bharatiya Janata Party and other party politicians of threatening and harassing them into withdrawing their testimony.[10]

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.[2]

[edit] Re-trial

The Gujarat government filed an amended appeal in the Gujarat High Court 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 Bharatiya Janata Party legislator for intimidating the witnesses of the incident. The Government of Gujarat admitted there were lapses on the part of the police in registering and recording the 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.

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 above mentioned legislator. She claims that she made all the statements under the pressure of NGO activist Teesta Setalvad.

Thus 17 Hindus charged with murdering 14 people, were retried in a case beginning in 2004.[11]

[edit] Perjury

The prosecution declared Zaheera Sheikh to be a hostile witness. A tape by Tehelka claimed that Zaheera had been bribed by a BJP MLA. Masjlis-e-Shura, an apex decision-making bodies of Muslims, consequently declared Zaheera Sheikh, as a 'dissembler', effectively ousting her from the Muslim community. The organization stated its reason that Zaheera was "tarnishing its [Muslim community's] image by making false statements." [12]

Zaheera 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.[13]

[edit] Life sentences

In February 2006, a court in India convicted nine of the 21 people people of murder, sentencing them to life imprisonment. It acquitted 8 others, while issuing warrants for the arrest of four missing persons.[14]

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."[15]

[edit] References

  1. ^ a b Chronology of events in Best Bakery case, February 24, 2006.
  2. ^ a b c Court raps Gujarat over riot case
  3. ^ a b c d Best Bakery: Why it is so important
  4. ^ Best Bakery case file. Tehelka
  5. ^ a b c Murder charges in Gujarat trial. Wednesday, 22 September, 2004. BBC
  6. ^ a b c India: Best Bakery case - concerns for justice. AMNESTY INTERNATIONAL PRESS RELEASE
  7. ^ "Best Bakery case: BJP MLA now claims Zaheera was paid off a year ago." Newindpress.com
  8. ^ Gujarat govt admits lapses in Best Bakery case, December 23, 2003.
  9. ^ Majumder, Sanjoy. "Gujarat and the judges' anger," 12 September, 2003. BBC news
  10. ^ Citizens for Justice and Peace (CJP)
  11. ^ Gujarat riot murder retrial opens
  12. ^ Masjlis-e-Shura declares Zaheera an outcast
  13. ^ Pandey, Geeta.'Best Bakery perjurer' surrenders. BBC News
  14. ^ Life sentences in India riot case. BBC News.
  15. ^ Majumander, Sanjoy. Landmark judgement raises hope. BBC News.

[edit] External links