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This is an archive article published on September 23, 2004

Charges framed, Bakery re-trial all set

Best Bakery massacre key witness Zaheera Sheikh’s second shot at justice began today when a Mumbai special court, conducting a re-trial...

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Best Bakery massacre key witness Zaheera Sheikh’s second shot at justice began today when a Mumbai special court, conducting a re-trial on the orders of the Supreme Court, framed charges against the 16 accused and decided to try five absconding accused separately once they are arrested.

The Best Bakery case, in which all accused had been acquitted by a Gujarat fast-track court, was moved out of the state for re-trial shortly after Zaheera Sheikh’ mother told The Indian Express that she and her daughter lied in the Gujarat court, fearing for their lives while deposing as witnesses.

Special judge A P Thipsay today fixed October 4 as the date to commence recording of evidence against the 16 accused.

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Public prosecutor P R Vakil requested the court to ensure that all witnesses are available for the trial.

‘‘The Gujarat police should at least visit the residential addresses of the witnesses and ascertain whether they are (presently) at their natural abode,’’ said Vakil. This will ensure their whereabouts are recorded at the beginning of the trial.

‘‘Sometimes they fail to turn up. The police say they have sent summons but the witnesses may not have received them. We want to avoid such delays,’’ said Vakil.

Meanwhile, the 16 accused were produced in court today and charges were read out to them. Each one of them pleaded ‘not guilty’. The charges: violation of the Indian Penal Code on 15 counts.

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The 21 accused have been charged with being part of an unlawful assembly between 9 pm of March 1 and 10.50 am of March 2, 2002 with the common object to commit offences of mischief, dacoity, criminal trespass, mischief by fire, voluntarily causing grievous hurt and murder.

Additional charges have also been brought against four of the accused. Bahadursinh Chauhan, Pratapsinh Solanki, Kamlesh Tadvi and Rajaram Chauhan face charges of rioting, of being armed with deadly weapons, and illegally armed with weapons that could cause death. They have also been charged with causing grievious hurt and wrongful confinement of eight persons, including key witness Zaheera Sheikh.

Defence advocates requested the court to make a spot-inspection which, they said, would help while evidence is recorded. ‘‘The Bakery’s blueprint does not reveal a detailed picture of the building and the surrounding terrain, and this is crucial to the case. This is not an ordinary case and there are several acts being committed simultaneously,’’ argued D S Jambaolikar. The court will decide on his plea on September 28.

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