Introduction

• This is a landmark case under the Code of Criminal Procedure (CrPC) also known as Best Bakery Case.

Facts

• On 3^rd February 2002, a business called Best Bakery in Vadodara was set ablaze by a disorderly mob consisting of numerous individuals, resulting in the tragic death of 14 people.
• These attacks were purportedly in retaliation for the killing of 56 individuals who had perished in the Sabarmati Express train fire.
• Zahira Sheikh, an eyewitness in the case, changed her testimony, and her mother and brothers withdrew their statements in court.
• Zahira claimed to have been on the terrace during the incident and was unable to identify the perpetrators.
• Later, she confessed in an interview that she had lied in court about the incident.
• Subsequently, the National Human Rights Commission (NHRC) filed a special leave petition in the Supreme Court, seeking a retrial outside Gujarat.
• Zahira asserted that her change in testimony was due to threats.
• In response, the SC mandated that the trial be relocated outside the state of Gujarat to Maharashtra.

Issue Involved

• Whether there is any importance of witnesses in ensuring fair trial?

Observations

• The SC stated that witnesses play a major role in ensuring justice. If a witness is unable to fulfill this role, the trial becomes corrupted and unfair.
• The court emphasized the importance of ensuring a fair trial and mentioned that its powers are complementary to certain legal sections.
• The court cannot ignore serious mistakes or negligence by the prosecution. Regarding a specific legal section, the court explained that it is an exception to the usual rule.
• In this case, the Gujarat High Court found the police investigation to be dishonest and faulty.
• The court criticized the HC for making conclusions without a solid basis and relying on speculation.

Conclusion

• After considering the facts and circumstances and the evidence the Supreme Court directed that the re-trial should be done by a court under the jurisdiction of Bombay HC.