The Hindu : National : No need to cross-examine Zahira, Gujarat tells panel

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Saturday, Dec 25, 2004

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National

No need to cross-examine Zahira, Gujarat tells panel

By Our Special Correspondent

AHMEDABAD, DEC. 24. The advocate for the victims of the Gujarat communal riots, Mukul Sinha, has taken strong exception to the State Government opposing his plea for the cross-examination of the Best Bakery case prime witness, Zahira Sheikh, before the Nanavati-Shah judicial inquiry commission.

The Government through its advocate, J. M. Panchal, has told the commission that there was no need to cross-examine Zahira at this stage, since a case on similar lines was pending before the Supreme Court. Cross-examining Zahira at this stage was "neither relevant nor necessary" and Dr. Sinha's application for cross-examination was "misconceived both on facts and in law," Mr. Panchal said.

"Contradictions"

Dr. Sinha, the advocate for the Jan Sangharsha Manch, which is fighting the cases for the victims of the riots before the G. T. Nanavati and K. G. Shah commission, had requested permission for cross-examining Zahira in an application on December 14 in view of the "contradictions" in her affidavit filed before the probe panel and her subsequent statements in courts and before the media.

In her affidavit filed before the Nanavati, Shah commissions in May 2002, Zahira had given graphic details of the burning of the Best Bakery on March 1 and had even named some of the accused involved in the attack.

However, in the trial before the Vadodara fast track court, she and her family members turned hostile and refused to identify any of the accused. Subsequently, she appeared before the Supreme Court to claim that her statement before the fast track court was given "under pressure."

Zahira created another stir on November 3 this year when she told the media in Vadodara that she was forced by the social activist, Teesta Setalvad, to tell lies in the apex court and that her statement before the fast track court was "genuine."

"No locus standi"

Dr. Sinha wanted to cross-examine Zahira to find out the truth, since her statement before the media was contrary to her affidavit filed before the commission. Asked about the Government's stand, Dr. Sinha said the Government had no locus standi to oppose his application for cross-examination, as it was based on a private affidavit.

The Government opposition to the cross-examination was tantamount to its standing by Zahira's affidavit before the commission in which she had named the accused, Dr. Sinha added.

The commission has reserved its decision on the Government application opposing cross-examination of Zahira till January 17.

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