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annual report print final.qxd - Asian Centre for Human Rights

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INDIA HUMAN RIGHTS REPORT 2005 Gujarat<br />

Shrivastava and others intimidated her and<br />

her family into turning hostile.<br />

11.07.2003: Zahira approached the<br />

NHRC.<br />

31.07.2003: NHRC moved Supreme<br />

Court seeking retrial outside Gujarat.<br />

07.08.2003: Gujarat government filed<br />

an appeal against the trial court verdict in<br />

High Court.<br />

12.09.2003: Supreme Court termed<br />

Gujarat government’s appeal in High<br />

Court as an “eye-wash” and observed that<br />

the state government should quit if it can’t<br />

get the rioters punished.<br />

27.09.2003: Gujarat DGP ordered<br />

inquiry into Zahira’s allegations against<br />

the BJP MLA and others.<br />

29.09.2003: State government filed an<br />

amended appeal in the High Court<br />

admitting that trial was not held in a<br />

conducive manner and seeks retrial and<br />

quashing of earlier verdict.<br />

06.10.2003: Vadodara police<br />

registered a complaint by Zahira’s brother<br />

Nafitullah against Shrivastava and four<br />

others <strong>for</strong> allegedly having threatened<br />

them to turn hostile.<br />

07.10.2003: Bailable warrants issued<br />

by High Court against all 21 accused.<br />

09.10.2003: SC appointed <strong>for</strong>mer<br />

Solicitor General Harish Salve as amicus<br />

curiae in High Court.<br />

21.11.2003: SC stayed trial in 10<br />

major riot cases in Gujarat.<br />

26.11.2003: Gujarat High Court<br />

upheld the trial court verdict while<br />

dismissing government’s appeal <strong>for</strong> a fresh<br />

trial in the case.<br />

30.01.2004: Supreme Court admitted<br />

Zahira’s SLP challenging the High Court<br />

judgement. Gujarat State too moved the<br />

apex court against the High Court order.<br />

02.04.2004: Supreme Court issued<br />

notices to Gujarat Government on Salve’s<br />

suggestions <strong>for</strong> transfer of major riot cases<br />

outside Gujarat and setting up of a special<br />

investigating team to look into riot cases.<br />

12.04.2004: SC ordered reinvestigation<br />

and retrial of the Best Bakery<br />

case in Maharashtra and removed the<br />

public prosecutor.<br />

21.05. 2004: Gujarat government<br />

in<strong>for</strong>med the sessions court Judge Abhay<br />

Thipsay in Mumbai that it had appointed<br />

Atul Mehta and T.S. Nanavati as public<br />

prosecutors. Maharashtra government<br />

announced a set of prosecutors, including<br />

P.R. Vakil, Manjula Rao, Zaheeruddin<br />

Shaikh and S.M. Vora. The sessions court<br />

asked both parties to arrive at a consensus<br />

by 5 July 2004, failing which they could<br />

approach the Supreme Court.<br />

On 5 July 2004: Special court put off<br />

the trial in the Best Bakery case till 19 July<br />

2004 with the Maharashtra and Gujarat<br />

governments unable to resolve their<br />

differences over the appointment of a<br />

public prosecutor in the case.<br />

19 July 2004: Special judge issued<br />

non-bailable warrants against 10 of the 21<br />

accused in the Best Bakery carnage.<br />

9 August 2004: Supreme Court<br />

criticised the Gujarat government <strong>for</strong><br />

appointing public prosecutors who<br />

opposed non-bailable warrants against the<br />

accused to handle the post-Godhra cases<br />

67

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