The incident involved the gruesome killing of 14 people when the Best Bakery, in the Hanuman Tekri area of Vadodara, was attacked by a large mob.
Important Aspects of the Case
This case is first case of its kind to be tried by the courts, specially set up to try cases of violence during the Gujarat carnage of 2002.
Reasons for Being in News
• Being a very unjustified act, both in case of the incident as well as in case the court step up proceedings.
• The police failed to take adequate action to secure the victims during the attack, which lasted for many hours.
• Witnesses turned hostile one after the another.
• Charge of the case was given to Mr. P. P. Sanani, the one who has been repeatedly named for his involvement in brutal harassment of Muslims in the areas of Vadodara city and whose acts were suspicious.
• The Public prosecutor arguing the case is reputed to have a bias against the Muslims.
• Failure to seriously consider the contradiction between the amended statements of the witnesses and numerous reports appearing in the media.
• The conduct of the prosecution has been full of flaws.
Striking Features of the Case
• Adverse comments were made about the manner in which the police investigation was carried out and about the failure of the prosecution to present adequate evidence. Neither re-investigation was ordered nor specific action was recommended.
• There was nothing in the judgement suggesting that adequate attention was paid to this serious and highly unusual case where most of the witnesses turned hostile.
• In the judgement of this case, out of 24 pages the first 8 pages of the judgement is devoted to establish a context and rationale for the violence.
• The judgement given in this case is basically a divergence of focus from details of the proximate cause and its perpetrators.
What Should Have Been Done in Such Case
• A great amount of care should have been taken to ensure justice. All possible ways should have been explored to give protection and security to all witnesses.
• The Public prosecutor should have taken care to follow up the report of NHRC-containing information relevant to the case which they failed to.
• The Public prosecutor should have referred to the media report about the intimidation of the witnesses.
• The prosecution should have requested the court for an adjournment to investigate the unusual situation.
Fallouts of the Case
• The manner in which the whole case was handled will have the effect of eroding the faith of people in the justice system.
• It gives a picture of a half-hearted, insincere judgement which was not pursued in a manner designed to secure justice.
• The casual manner in which the evidence has been presented and heard points to the prima facie miscarriage of justice.
• The judgement altogether fails to consider the seriousness of the case.
Present Status of the Case
Presently a special leave petition has been moved in the Supreme Court, against acquittal judgement.