SC raps Gujarat govt on Best Bakery

The Gujarat government faced embarrassing moments in the Supreme Court on Monday when the court criticised the public prosecutor appointed by the state for opposing non-bailable warrants against one of the accused and showing his "true colours". The judges said such a person should not be allowed to continue in the post.

The Division Bench comprising Justice Arijit Pasayat and Justice CK Thakker were hearing the Best Bakery case, the trial of which has since been transferred from Gujarat to a Mumbai sessions court in the interest of fair procedure.

Justice Thakker yesterday declined to hear the case any more and as a consequence, a new Bench will have to be constituted by the Chief Justice.

The court directed the Gujarat director-general of police to file an affidavit by August 16 detailing the steps he had taken to ensure the presence of all the accused during the trial of the Best Bakery case in Mumbai. Some accused have not yet been arrested or appeared before the Mumbai court.

The main point of yesterday's hearing was appointment of a public prosecutor in the case. One of the victims of the riots that took place following the Godhra train tragedy, Zahira Sheikh, sought early appointment of a public prosecutor.

A row is going on between the governments of Maharashtra and Gujarat over this contentious issue. The Maharashtra government has suggested four names for the post, but the Gujarat government has not agreed to any one of them.

The court lamented that the trial has not started even after it was transferred on April 12 and it has to conclude on December 31. The judges asked the Gujarat government to shed any "ego problem" and agree to one of the names suggested by the Maharashtra government.

The judges pointed out that the trial court wanted to issue non-bailable warrants against the accused in the Best Bakery case but the Gujarat prosecutor opposed it saying the state was taking steps to arrest them.

"What kind of prosecutor is he who opposes issuance of warrants against the accused?" the judges asked. The Best Bakery case, in which 14 people were murdered by rioters, was tried by a "fast-track" court, which acquitted all the accused.

The high court upheld the acquittal. However, Zahira and a human rights organisation moved the Supreme Court alleging mistrial. The court then ordered the retrial in Mumbai.

PTI adds: Censuring the Gujarat government as modern day "Neros" looking elsewhere when innocent children and helpless women were burning, the Supreme Court on April 12 had issued an unprecedented order quashing the acquittal of all 21 accused in the infamous Best Bakery case and directed its retrial in a Maharashtra court.

When Gujarat was engulfed with communal riots in the aftermath of the burning of Sabarmati Express at Godhra on February 27, 2002, a mob set fire to Best Bakery in Vadodra on March 1 resulting in the death of 14 people.

Zahira, an eye-witness to the incident, lost her family in this. Lambasting the Gujarat government for its laxity in bringing the guilty to book, the apex court said "the modern day 'Neros' were looking elsewhere when Best Bakery and innocent children and helpless women were burning.

The apex court, while directing the Gujarat government to appoint a new public prosecutor, had directed the director-general of police to oversee further probe and ordered the trial be conducted on a daily basis.