Petitioner- Zahira Habibulla H Sheikh and anr.
Respondent- State of Gujarat and ors.
8 March 2006
Statutes Referred:
Contempt of Courts Act, 1971
Indian Evidence Act, 1872
Cases Referred:
Sukhdev Singh Sodhi v. Chief Justice and Judges of the PEPSU High Court AIR 1954 SC 186
Bar Association v. Union of India and Anr. AIR 1998 SC 1895
Jagat Rai v. State of Maharashtra AIR 1968 SC 178
Facts of the case-
- On March 1, 2002-Around nearly 1000 rioters were intervened on the bakery cum residence owned by the late habibullah sheikh and within some couple of hours, 11 members of the family and 3 employees of the bakery were left burned to death or slashed to pieces.
- Then the defence presented or argued that the FIR was filed on march 1, 2002 by raizkhan amin mohammad pathan but actually the FIR was filed on march 4, 2002 by zaheera sheikh which is found to be manipulated by the police officials.
- Then in the month of April. The national human commission published a report stating that the case should be handed over to CBI.
- After that, on may 19,2002- zaheera, her mother sehrunissa and her brothers nafitullah backed from their statement, and said that at the time of incident they were on the terrace that’s why they can’t identify the accused.
- On June 27, 2003- all the 21 accused were realised by the local court because of lack of evidence. And of now, the trial has been started in the court of law from may 9, 2002 in a fast track court where there is no legal evidence which can prove that the violent mob had attacked the bakery and killed 12 persons and any accused presented before the court had commited the crime. As there was nobody from complainant’s was present in the court premises when this judgement was pronounced.
- On July 5, 2003- zaheera and her mother gave statement to the Sunday express that they have lied to the court because of their life fear.
- Then on July 7, 2003- zaheera confirmed that BJP leaders were behind this threat to their family.
- After that on July 8, 2003 national human rights commission officials visited vadodra to verify the papers of the best bakery case.
- July 31, 2003, NHRC proceeded to supreme court seeking for the special leave petition for the retrial outside the Gujarat territory.
- April 12, 2004- supreme court accepts the retrial appeal.
- October 4,2004- the retrial begins, and the witness has also started witnessing the best bakery masaacre.
Issue raised
- Zahira objected the inquiry officer’s report.
- Firstly, the facts were contaminated and omitted by the police in the report. Then the witnesses was also not cross examined properly.
- Proper procedure was also not followed by the concerned officials.
- The request for examining the chairman was not also accepted by the apex court.
- The petition filed in supreme court was also not signed by Teesta and the vakalatnama was also not appropriate.
- During a press conference, Teesta has also said that she was under control and was just a mere puppet, and this activity of Teesta had made everything suspicious. With the time Teesta had make several different statements during different occasions.
Parties contentions
Plaintiff
- The reports were highly distorted and contaminated by the police officials and they were also pressurized to keep quiet and take the plea back and also said to not identify the acussed.
Because of fear of their life, the family has to do it else the family will be killed by the accused background.
- That’s why the family were simultaneously changing their statements in front of media and in between masses. As afterward they have also changed their statement in front of magistrate by nit identifying the accused and saying that they have not seen properly because at time of incident they were at the terrace and not able to see properly.
Defendant
- The defense said that they have not made any changes to the facts and the evidences. And have also said that the opposite party has not any eye witnesses or any proof which states that the incident were done by the accused.
- Their were no evidences which can proof that the massacre took place at the best bakery at that night were done by the accused.
- Also claimed that the charges were false.
Judgement
- the court had made suomoto decision on NHRC on the basis of media reports or digital evidences. And an examination was also made about the proceeding of infringement of human rights.
- Secondly, the court also recognized that the public prosecutor failed to do the bare minimum expected of him to fairly present the case of prosecution.
- Thirdly, the supreme court also ordered to scratch the remarks towards the conduct of state government referred as “modern day neros”.
- Hence the suit was dismissed.
Rule of Law
The basic rule of law was applied here that the massacre has created the mess wrongfully and affected the mass over a huge amount.
Comment
According to my personal opinion, the court has taken the appropriate decision that the massacre happen to be the inappropriate activity on the apellants.
Conclusion
To conclude the above case, the apex court had taken appropriate decision as the evidences was also contaminated by the police officials and the facts were also omitted.
The accused were also left because of lack of evidence and the eye witnesses were also pressurized to keep their shut to hide the truth of the fact. So the decision was made in the favor of the victim.
By Krishna Das