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Subject: [India Thinkers Net]CFJ approaches the Supreme Court - November10, 2004



November 6, 2004

Press Release

CITIZENS FOR JUSTICE AND PEACE APPROACHES APEX COURT FOR TOP-LEVEL
INVESTIGATION INTO ZAHIRA SHAIKH'S RETRACTION

On November 6, 2004, the Citizens for Justice and Peace and through
it's secretary Teesta Setalvad filed an application in the Supreme
Court asking for high-level probe (by the Hon Court or the CBI) into
the circumstances behind which prime witness Zahira Shaikh retracted
her statement at a press conference in which the Vadodara police that
is the prosecuting agency in the retrial actually played a part in
the events. The application was filed on November 6, 2004.

The application states that, "It has been due to the intervention of
this Hon'ble Court in the "Best Bakery Case". It was on the Citizens
for Justice and Peace assurance of support that Zahira Shaikh and her
family moved to Mumbai (Citizens for Justice and Peace has since been
looking after all their financial and security needs) and in early
July 2003, she told a hugely attended press conference why they were
forced to lie before the court earlier and why they wanted a retrial
of the Best Bakery Case outside Gujarat. The Secretary, Citizens for
Justice and Peace escorted Zahira Shaikh to Delhi for a full-bench
hearing before the National Human Rights Commission (NHRC) on July
11, 2003. It was thereafter that the NHRC decided on its rare step of
filing an appeal in this Hon'ble Court endorsing Zahira's plea for a
retrial outside Gujarat. Besides the NHRC and Citizens for Justice
and Peace and Zahira Shaikh also filed a separate appeal before this
Hon'ble Court, which has now been tagged with the NHRC petition."

On November 3, 2004, there appeared in the print media as well as the
Bakery" trial by the present applicant. It has also been reported in
the newspapers that she has been threatened and there was a "threat
to her life" among other allegations against the Citizens for Justice
and Peace and its office bearers in particularly against the
applicant.

Hence in the interests of Justice and it the interests of free and
fair trial the applicants have applied to the Supreme Court for
directions that "an Independent Inquiry into the circumstances behind
which Ms Zahira Shaikh has made unfortunate and utterly mala fide
allegations against co-petitioner Teesta Setalvad, Secretary Citizens
for Justice and Peace and hence put unto jeopardy the credibility of
the justice system as a whole." The application also state that the
Court should examined "the circumstances under which Ms. Shaikh
called a press conference, the support she received in that time and
the role of the Gujarat police in being silent spectators when their
principal witness was going to turn hostile in a pending prosecution.
Ideally, this application had to be moved the State of Gujarat, as it
is their prosecution that has taken a major set back. Advocate Aparna
Bhatt is the advocate for the applicant.

The application states that apart from being shocked and pained at
the baseless allegations made against her, where on of the main
witnesses has hurled allegations against the applicant, the timing of
these allegations, made after three witnesses had deposed and
identified accused in the re-trial in Mumbai itself makes the whole
episode sordid and suspect.

The sudden retraction and baseless allegation made by a key witness
in the "BEST Bakery" trial when three eye-witnesses who had never
been given a chance to appear before the Vadodara court have deposed
in the re-trial and actually identified accused gives remove for
unfortunate suppositions and in fact casts a slur on Constitutional
Bodies like the National Human Rights Commission and also the apex
Court of the land, after the landmark in jugment of this Hon'ble
Court in the present appeal.


Teesta Setalvad
Citizens for Justice and Peace
Nirant, Juhu Tara Road, Juhu, Mumbai - 400049
e-mail: cjp02in@y...



Courtesy:Harsh Kapoor/SACW
www.sacw.net


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