SC sentences Zahira to one year in jail

The Supreme Court today sentenced Zahira Sheikh, star witness in the Best Bakery case, to simple imprisonment for one year and pay a cost of Rs 50,000.

In case of default, she shall suffer further imprisonment of one year. She has been convicted for contempt of court for changing her stand frequently.

The judgment delivered by Justice Arijit Pasayat and Justice H K Sema stated that "serious questions arise as to the role played by witnesses who change their versions more frequently than chameleons. Zahira's role in the whole case is an eye-opener."

The court ordered the attachment of Zahira's bank accounts and other assets for three months. It directed income tax authorities to initiate proceedings requiring her to explain the source of acquisition of various assets and expenses from January 1, 2002 till today.

If so advised, the tax authorities shall also require Madhu Srivastava and Bhattoo Srivastava to explain as to why the claim as made in the Tehelka sting operation of paying money shall not be further inquired into. The authorities are free to take further action upon the findings.

The court did not spare the Gujarat government either. Every witness is entitled to protection from the state, regardless of factors like caste, creed, religion or political belief.

"Every state is supposed to know these fundamental requirements and this needs no retaliation. We can only say this with regard to the criticism levelled against Gujarat," the judgment said.

Regarding the role of the judiciary in this context, the Supreme Court cautioned that "the presiding judge must cease to be a spectator and a mere recording machine by becoming a participant in the trial evincing intelligence, active interest and elicit all relevant materials necessary for reaching the correct conclusion".

It may be recalled that the trial in the Best Bakery case was transferred from Gujarat to Maharashtra as the Supreme Court felt that there was mistrial and acquittal of a large number of persons accused of killing people in the 2002 Gujarat communal riots.

Zahira at one stage accused Teesta Setalvad, who took the issue to the Supreme Court, of coercing her to change her statement.

The Supreme Court then appointed its Registrar General to inquire and submit his report. He squarely indicted Zahira of perjury and attempt to deflect the course of justice. She was described as a self-confessed liar.