Best Bakery case

Shaken by the Apex Court's severe criticism of the manner in which the state had filed the appeal before the High Court, Gujarat government through Additional Solicitor General Mukul Rohtagi said it would amend its appeal challenging the acquittal of the accused, seek retrial of the case and a direction for further probe into the case to collect more evidence.

A bench comprising Chief Justice V N Khare, Justice Brijesh Kumar and Justice S B Sinha, which was hearing a petition filed by National Human Rights Commission (NHRC) alleging miscarriage of justice and transfer of trial of four riot cases outside the state, warned the state that it would "not allow the mistake committed before the trial court to be repeated before the High Court".

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It allowed the state two weeks time to file an affidavit detailing the steps it was taking in the case and posted the matter for further hearing on October nine.

To assuage the Apex Court, Rohtagi said the state would within a week appoint seasoned advocates as special public prosecutor to conduct the riot cases pending before various trial courts.

Both the officers were examined by the court without putting them on oath and probed as to how the state could remain silent when such a serious lapse was taking place in the trial court. It was the DGP who was questioned more incisively by the Bench and at one point conceded that he had sought to know from the Commissioner of Police of Baroda district as to why so many witnesses were turning hostile. "The commissioner had told me that the witnesses appear to have been either coerced or won over."

Laheri said the grounds of appeal filed before the High Court would be suitably amended to bring out specifically the prayer for retrial in the case as many witnesses have turned hostile.