Retrial begins, both states want to play the prosecution

As the retrial began at Sewree in central Mumbai today, policemen, lawyers and mediapersons packed the third-floor terrace courtroom.

T S Nanavati, representing the Gujarat government, told judge A M Thipsay: ‘‘The Gujarat government came to know about commencement of the hearing from newspaper reports and hence directed me to appear.’’ He said the Gujarat government had received no telegraphic notice from the court. Nanavati informed the judge about the arrest of two more accused persons: Suresh alias Lalol Deviji Vasava, from the town of Naswadi, 70 km from Vadodara, and Yogesh Laxman Verma who was arrested from Waghodia Bapod Jakat Naka while he was looking for rented accommodation.

In all, five of the accused are in custody, one is out on bail, and the remaining 15 are missing. Technically, the trial cannot begin till all accused are present in the courtroom. But it can commence after declaring the ones who have not been arrested as proclaimed offenders.

The court said that since the Gujarat government was already taking steps to arrest the absconding accused, there was no need to issue fresh arrest warrants against them.

Then came the confusion over the public prosecutor. The SC had directed the state government to consult victims and witnesses before appointing a new public prosecutor for the retrial. It said: ‘‘We direct the state government to appoint another public prosecutor…’’

Interpreting the SC directive in their own way, both Maharashtra (represented by Rohini Salian) and Gujarat governments sought time to make the appointment.

Judge Thipsay reserved his opinion on the issue, asking the governments to reach a consensus in two weeks.

Later in the evening, Gujarat law secretary Bela Trivedi announced that Atul Mehta of Vadodara sessions court and T S Nanavati would conduct the Best Bakery retrial. ‘‘While Mehta is the senior public prosecutor, Nanavati will assist him.’’

Reacting to the day’s developments, Maharashtra law minister Govindrao Adik said: ‘‘Ideally, Gujarat government should have contacted us. We are waiting for them. Whatever help courts want from us, we are ready to give.’’

The Supreme Court judgment also states that the selection of the public prosecutor be done in consultation with the witnesses. Advocate Mihir Desai, representing prime witness Zaheera Sheikh, said: ‘‘According to us, there is no confusion. The public prosecutor should be appointed by the Maharashtra government. In Gujarat, the Supreme Court had said the prosecution was done badly; and the prosecution is an arm of the government.’’

The Gujarat police chargesheeted 21 persons and tried them in a fast track court which acquitted all. Later, Zaheera Sheikh and her mother Sehrunissa, two key witnesses, filed a petition in the Supreme Court seeking a retrial outside the state as both claimed they had lied in court due to constant threats to their lives.

Towards the end of the hearing today, three of the accused, who were in the box, were asked whether they had hired lawyers. Bahadur Singh alias Jeetu Chavan, Dinesh Rajbhor and Tulsi Bhikabhai Tadavi, who had sat quietly in the back, shook their heads and then agreed to accept the free legal assistance ordered by the court. Another accused, Ravi Rajaram Chavan, who is out on bail, was allowed to furnish a cash bond of Rs 10,000, instead of a surety.

The judge also directed the Gujarat government to submit an English translation of the police report and chargesheet by the next date.