Best Bakery case

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]

Background
On March 1, 2002, communal frenzy enveloped Vadodara, India.[4] The Best Bakery, a
small outlet in the Hanuman Tekri area of Vadodara,[3] was allegedly 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 certain community was targeted by Muslims.[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]

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 muslims 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]
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 had been charged with involvement in violence. This, they believed,
was because "the Gujarat state government had little interest in ensuring justice for the
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 had attacked the bakery. They also accused 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]

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

Perjury
The prosecution declared Zaheera Sheikh to be a hostile witness. A tape
by Tehelka claimed that Zaheera had been bribed by a 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 [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]

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.[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]