Date:23/12/2004 URL: http://www.thehindu.com/2004/12/23/stories/2004122307451100.htm

National

Witness is evasive, says judge

By Our Special Correspondent

MUMBAI, DEC. 22. The Additional Sessions Judge, Abhay Thipsay, today said that Zahira Sheikh who is deposing in the retrial of the Best Bakery case here, was narrating incidents beyond proportion in reply to questions asked by the special public prosecutor, Manjula Rao. She was prevaricating as well. As a result, he asked Ms. Rao to stop putting questions to her and told Zahira to say whatever she wanted as evidence.

Accordingly, Zahira gave her version of the events from March 1, 2002 when riots broke out in Vadodara. Mr. Thipsay noted that there was a definite possibility that the witness avoided pinpointed answers though perfectly capable of answering because of the desire to introduce certain things she wanted to say. Even after her narration, when Ms. Rao resumed her examination, Zahira took a while to answer some questions. Mr. Thipsay commented that she was deliberately wasting time. He told her that this meant she did not want to answer though she knew the answer. The next time she did this he would have to detain her till she gave a direct answer.

Zahira, who said yesterday that she had not spoken to the police about the Best Bakery case, today admitted after Ms. Rao's questioning that she did, in fact, file a police complaint. She also confirmed her signature on the police complaint filed by her, in which it was stated that she had received a copy of the same.

She told the court that she had met her advocate, Atul Mistry, four days after going to Baroda. She had earlier met Jan Adhikari Samiti on her own and on no occasion had she, Mr. Mistry or members of the Samiti met. She had met Jan Adhikari Samiti after the riots before giving evidence at the Baroda court. She met Tushar Vyas from the Samiti at the relief camp in Baroda. She said the Samiti paid her legal fees.

Zahira said she had sought help for stay, food and clothing from the Samiti and the money was paid to Mr. Mistry. She had gone to Gandhinagar accompanied by Mr. Mistry and stayed there for two days. She had gone there to file an affidavit before the Women's Commission. Mr. Thipsay later said the court would summon Mr. Vyas.