JISPIL Vol 2 Issue 1 2006 - A2

Introduction:

On 6 June 2005 the Supreme Court of India extended until 30 Sept 2005 the term of the Bombay Special Court conducting the retrial in the case of Zahira Habibulla H. Sheikh and Another v State of Gujarat and Others, known as the Best Bakery Case. The judge conducting the retrial, Special Judge A. M. Thipsay, had sought a further extension to the trial following the expiry on 31 May 2005 of the original five-month extension granted by the Supreme Court on 31 December 2004. The case was transferred to the Bombay High Court for retrial on the order of the Supreme Court, pursuant to its judgment of 12 April 2004. It is one of over two thousand and thirty cases in which charges were originally brought in various criminal courts in the State of Gujarat as a result of the communal violence that erupted in the State in 2002. This article is confined to consideration of the original trial court judgment of 27 June 2003, the Gujarat High Court judgment of 26 December 2003, the Supreme Court judgment of 12 April 2004 and the interventions of the National Human Rights Commission.


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