One of the two accused in the Best Bakery Case, identified as Harshad Solanki, has submitted a plea before the Principal Sessions Judge Vrushali Joshi seeking transfer of his case to another Additional Sessions Judge. In his plea, he has alleged that the witnesses might have been tutored by activist Teesta Setalvad who is facing accusations of tutoring witnesses in cases related to the Gujarat Riots. She has also been accused of receiving funds from Congress leader late Ahmed Patel to tarnish the image of then-Chief Minister Narendra Modi.
In his plea, Solanki alleged that the existing trial judge did not take cognizance of his doubts that the witnesses in his case could have been tutored by the Special Public Prosecutor. He also raised doubts about the role of activist Teesta Setalvad as she was arrested by the Gujarat Police in a similar matter where she had allegedly tutored witnesses.
The application read, “The controversy in the said matter related to rights of accused for getting fair treatment when a witness in the previous separated trial makes an appearance in witness box. The accused had prayed that such witnesses ought to be examined afresh. It was the prosecution’s contention that the earlier deposition (i.e. notes of evidence) has to be continued/carried forward and that the present accused would get a right of cross-examination if the witness is available. When present advocates for the accused/applicant herein filed their Vakalatnama somewhere in February 2022, it was shockingly found that the Special Public Prosecutor had examined a few witnesses in furtherance of the earlier statement recorded by this Hon’ble Court in the previous trial. Such a hybrid method is completely impermissible in law.”
Accusing the Special Public Prosecutor of tutoring the witness, the application read, “In an instance in which an eye witness had described an accused but did not identify him due to his non-availability, the question of asking him to identify such accused may probably arise (without going into the merit of any such identification for evidential value) However if the witness had not referred to the accused at all either by name or by description, there is no question of Public Prosecutor asking the witness any further questions about identifying the accused. That would amount to improving the evidence by tutoring the witness.”
Solanki further alleged he had submitted his application before the trial court, but it is still pending. He also sought a day-to-day trial in his case. Citing the reports about Setalvad’s arrest, the application read, “It is specifically and categorically submitted that the accused is a victim of a conspiracy hatched by Ms Teesta Setalvad and her accomplices to implicate innocents in the infamous Best Bakery Case.” He has also written to the Gujarat Police seeking expansion of the investigation against Setalvad beyond Zakia Jafri’s case.
Solanki and one other accused, Mafat Gohil, were arrested in 2013, and they are facing trial for allegedly being part of the Best Bakery attack in Vadodara on March 1, 2002. Several people were killed in that attack. The violence of the Gujarat Riots had erupted following the burning of a train returning from Ayodhya in Godhra on February 27. 59 Hindus, including women and children, were burnt alive in Godhra.
Notably, a Vadodara court had acquitted all 21 accused in a Gujarat riots case as witnesses had turned hostile. Later, they alleged they were under pressure. National Human Rights Commission took cognisance of the matter and filed a petition before the Supreme Court that ordered a retrial of several cases, including the Best Bakery case. During the first phase of the trial, nine people were convicted out of 17 in February 2006 and were sentenced to life imprisonment. Eight of the 17 accused were acquitted.
Arrest of Teesta Setalvad
On June 25, a day after the Supreme Court said that false allegations of a ‘larger conspiracy‘ were made in the Gujarat riots case, Gujarat police filed a case against former IPS officers Sanjiv Bhatt and R B Sreekumar, and activist Teesta Setalvad.
The crime branch of Ahmedabad police has booked the three under sections 468 (Forgery for the purpose of cheating), 471 (using forged document or record as genuine), 194 (Giving or fabricating false evidence with intent to procure conviction of capital offence), 211 (False charge of offence made with intent to injure), 218 (Public servant framing incorrect record), and 120B (criminal conspiracy) of the India Penal Code.
Teesta Setalvad was arrested and brought to Ahmedabad, where she is currently under judicial custody.
