This story is from May 7, 2004

SC rejects Modi govt's Best Bakery plea

NEW DELHI: The SC on Friday dismissed Gujarat government's application against shifting of the Best Bakery case trial to Maharashtra.
SC rejects Modi govt's Best Bakery plea
<div class="section1"><div class="Normal"><script language="javascript">doweshowbellyad=0; </script><br />NEW DELHI: The Supreme Court on Friday dismissed an application filed by the Gujarat government seeking review of its judgement shifting the Best Bakery case trial to Maharashtra.<br /></div> <div align="left" style="position:relative; left: -2"><table cellspacing="0" cellpadding="2" align="left" border="1" width="27.0%"> <colgroup> <col width="100.0%" /> </colgroup> <tr valign="top"> <td width="100.0%" colspan="1" rowspan="1" style="" valign:="" top="" background-color:="" f3f3f3=""> <div class="Normal"><img src="/photo/663578.cms" alt="/photo/663578.cms" border="0" /></div> </td> </tr> </table></div> <div class="Normal"><span style="" font-size:="" font-weight:="" bold="">The court also refused to accede to the request of the Gujarat government to expunge certain observations made in the judgement including the one in which the government officials were referred to as "modern-day Neroes" who looked the other way when innocent people were being burnt.
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</span><br /><br /><span style="" font-size:="" font-weight:="" bold="">The apex court also dismissed an application by the accused in the Best Bakery case, whose acquittal was set aside, challenging the transfer of the case from Gujarat to Maharashtra. </span><br /><br /><span style="" font-size:="" font-weight:="" bold="">Rejecting the state government''s plea that the Supreme Court did not have power to transfer a case from one place to another except under Section 406 of the CrPC, the Bench said the court had inherent power to transfer a case and no specific prayer to that effect needed to be made.</span><br /><br /><span style="" font-size:="" font-weight:="" bold="">Castigating the Gujarat government''s attitude towards key witness Zahira Shaikh, the Bench said the state was acting as defence rather than prosecution by threatening her with legal action for changing statements.</span><br /><br /><span style="" font-size:="" font-weight:="" bold="">The court also commented on the manner in which the trial court dealt with the Best Bakery case and said, "We could have criticised it for the manner in which the trial was conducted but refrained from saying anything with the hope that it will better its performance".</span><br /><br /><span style="" font-size:="" font-weight:="" bold=""><formid=367815></formid=367815></span></div> </div>
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