05-04-2005, 03:34 AM
http://intellibriefs.blogspot.com/2005/05/...rsial-best.html
<!--QuoteBegin-->QUOTE<!--QuoteEBegin--><b>Teesta Setalvad : The controversial Best Bakery case
The controversial Best Bakery case
by K.G. Acharya
(Justice on trial)
</b>
There have been many cases in which criminals have been acquitted for want of evidence, thanks to the law in our land. However, in the case of the similarly placed Best Bakery case, the Supreme Court took an exceptional view and transferred the case for its retrial in Mumbai. Many luminaries in the legal circles have vehemently criticized this landmark judgement. The decision may have extremely serious consequences on the judiciary, secularism, communal harmony and democracy in the country. Two prominent individuals involved in the case, Zaheera Sheikh, a key witness in the case and Teesta Javed (Ansari) Setalvad, a controversial activist, were friendly at the beginning of the case but have now turned foes.
Being a Gandhian and an Ambedkarite human rights activist, I, cannot remain a silent spectator of the happenings regarding the case and have, therefore, filed a PIL PIL- Review of the Judgement of Transferring the Best Bakery case in the Supreme Court for review of its landmark judgement of transferring the Best Bakery case from Gujarat to Maharashtra, for investigating the role of Teesta Setalvad and her NGO, Citizens for Justice and Peace and also for censuring the National Human Rights Commission and a section of the media.
The latest developments in the case like Zaheera Sheikh turning hostile and her allegations that Teesta Setalvad threatened her to change her testimony for the sake of religion ( "kaumke liye" ) have vindicated the Gujarat High Court observations: " There seems to be a definite design and conspiracy to malign people by misusing this witness, Zaheerabibi, who is hardly 19 years old and can easily fall a prey to anyone and play into the dirty hands of anti-national elements."
The Supreme Court has, therefore, erred in not believing in the High Court judges, but believing in Teesta Setalvad, her NGO Citizens for Justice and Peace and the National Human Rights Commission and was swayed by media reports.
In the petition, I have illustrated at length, how the above persons, the above organizations and the above institutions have lost their credibility in many ways. <span style='color:#FF6600'><b>Teesta Setalvad, according to the petition, is not a true social activist, but an anti-Hindu and anti-BJP politician engaged in maligning Hindu organizations. One of the many examples, cited in the petition is her attending a Sunday mass in a church and blaming Hindu organizations for rape of nuns though the heinous act was committed by Christians.
</b></span>
<b>I have similarly illustrated anti-Hindu outbursts of other members of the NGO, Citizens for Justice and Peace, and said that though the word "citizen" adorns its name, the organization is not open for all citizens, has no Constitution and has very few members- about ten. The president of the NGO is the famous Marathi writer Vijay Tendulkar, who had threatened to shoot Narendra Modi, if given a gun, and who said very recently that Mahatma Gandhi was most violent person.</b>
The petition contains many examples to illustrate how the NHRC is anti-Hindu, but pro-Muslims, pro-Pakistan and pro-terrorists. An example is that the NHRC issued a suo moto notice to the Gujarat government when its police killed Lashkar-e-Toiba terrorists Ishrat Jahan Sheikh and her two accomplices with AK-56 guns, ammunition and dreadful RDX explosives. This bias against the Gujarat government made the NHRC not to apply its mind and make a petition to the Supreme Court to transfer the Best Bakery case outside Gujarat.
The petiioner has prayed the Supreme Court that the perjury of Zaheera Sheikh not only after her estrangement from Teesta Setalvad, but also before that must be investigated by the CBI or a Special Investigating Team (SIT) monitored by a retired Supreme Court or High Court judge. The petitioner has also questioned the credibility of a section of the media for extra-judicial trial of a sub-judice matter. He has quoted the former High Court judge P.B.Sawant, former Chairman of the Press Council of India, who had remarked that many journalists are on the pay roll of foreign intelligence agencies.
In democracy the people are more supreme than the Supreme Court and therefore they must consider cases of vital national importance. In particular, the people must think whether it is proper for the Supreme Court not to pay any heed to this petition dated 17 December 2004 and subsequent reminders. That the Supreme Court ordered its Registrar General, subsequently, on January 10, 2005 to investigate who is telling the truth, whether Zaheera Sheikh or Teesta Setalvad and to complete the report within 3 months. This order suggests that it had erred earlier in believing in Teesta Setalvad.
<b>It is also worth consideration that the Registrar General is yet to take note of the following vital information to find out the truth as to who, of the two women, is telling the truth:</b>
<b>It is reported in the media that Teesta Setalvad helped Zaheera Sheikh to open a bank account in the Syndicate Bank, Bhayander, near Mumbai, on May 21, 2002. In the bank, an amount of Rs 2.9 lakh was deposited from November 11, 2003 to March 4, 2004. This is the period in which Zaheera Sheikh was under the alleged confinement of Teesta Setalvad. Zaheera has denied that she deposited the money in the Bhayander bank.</b>
<span style='color:#FF6600'><b>At about the time, when Zaheera Sheikh had a press conference in Vadodara on November 3, 2004, in which she made various allegations against Teesta Setalvad, the bank was burgled twice on Nov. 2 and Nov. 12 by breaking open the grills at night. Robbers rummaged through records without touching the cash. This is very significant. This shows that robbers wanted to destroy the evidence as to who helped Zaheera to open the account and who deposited the money to the Bhayander bank etc.</b></span>
<b>It must be also noted that though it is very difficult to get a ration card, some Asghar Ali helped Zaheera to get a ration card as a proof of residence, which is necessary for opening the bank account. The needle of suspicion in these incidents regarding the Bhyander bank account of Zaheera points to Teesta Setalvad, who is influential and capable enough to do such things.
</b>
The Supreme Court had ordered investigation of bank accounts of Zaheera Sheikh, though she had submitted her bank papers to the trial court in Mumbai earlier. It is surprising that the apex court has not so far asked Teesta Setalvad to submit her bank papers also, though Zaheera Sheikh's counsel, senior advocate P. N. Lekhi has requested the Supreme Court for that. The apex court has , thus, not placed the two women on the same level field. P.N. Lekhi had alleged in the Supreme Court that Teesta Setalvad, alias Teesta Javed Anand ( alias Ansari) had minted money by selling the Best Bakery case abroad. This allegation is surely more serious.
It is believed that Teesta Setalvad had used this money to pay for Zaheera's expenses when the latter was in Teesta's confinement and influence for about two years, and arranged to deposit some part to the Bhayander account of Zaheera Sheikh.<!--QuoteEnd--><!--QuoteEEnd-->
<!--QuoteBegin-->QUOTE<!--QuoteEBegin--><b>Teesta Setalvad : The controversial Best Bakery case
The controversial Best Bakery case
by K.G. Acharya
(Justice on trial)
</b>
There have been many cases in which criminals have been acquitted for want of evidence, thanks to the law in our land. However, in the case of the similarly placed Best Bakery case, the Supreme Court took an exceptional view and transferred the case for its retrial in Mumbai. Many luminaries in the legal circles have vehemently criticized this landmark judgement. The decision may have extremely serious consequences on the judiciary, secularism, communal harmony and democracy in the country. Two prominent individuals involved in the case, Zaheera Sheikh, a key witness in the case and Teesta Javed (Ansari) Setalvad, a controversial activist, were friendly at the beginning of the case but have now turned foes.
Being a Gandhian and an Ambedkarite human rights activist, I, cannot remain a silent spectator of the happenings regarding the case and have, therefore, filed a PIL PIL- Review of the Judgement of Transferring the Best Bakery case in the Supreme Court for review of its landmark judgement of transferring the Best Bakery case from Gujarat to Maharashtra, for investigating the role of Teesta Setalvad and her NGO, Citizens for Justice and Peace and also for censuring the National Human Rights Commission and a section of the media.
The latest developments in the case like Zaheera Sheikh turning hostile and her allegations that Teesta Setalvad threatened her to change her testimony for the sake of religion ( "kaumke liye" ) have vindicated the Gujarat High Court observations: " There seems to be a definite design and conspiracy to malign people by misusing this witness, Zaheerabibi, who is hardly 19 years old and can easily fall a prey to anyone and play into the dirty hands of anti-national elements."
The Supreme Court has, therefore, erred in not believing in the High Court judges, but believing in Teesta Setalvad, her NGO Citizens for Justice and Peace and the National Human Rights Commission and was swayed by media reports.
In the petition, I have illustrated at length, how the above persons, the above organizations and the above institutions have lost their credibility in many ways. <span style='color:#FF6600'><b>Teesta Setalvad, according to the petition, is not a true social activist, but an anti-Hindu and anti-BJP politician engaged in maligning Hindu organizations. One of the many examples, cited in the petition is her attending a Sunday mass in a church and blaming Hindu organizations for rape of nuns though the heinous act was committed by Christians.
</b></span>
<b>I have similarly illustrated anti-Hindu outbursts of other members of the NGO, Citizens for Justice and Peace, and said that though the word "citizen" adorns its name, the organization is not open for all citizens, has no Constitution and has very few members- about ten. The president of the NGO is the famous Marathi writer Vijay Tendulkar, who had threatened to shoot Narendra Modi, if given a gun, and who said very recently that Mahatma Gandhi was most violent person.</b>
The petition contains many examples to illustrate how the NHRC is anti-Hindu, but pro-Muslims, pro-Pakistan and pro-terrorists. An example is that the NHRC issued a suo moto notice to the Gujarat government when its police killed Lashkar-e-Toiba terrorists Ishrat Jahan Sheikh and her two accomplices with AK-56 guns, ammunition and dreadful RDX explosives. This bias against the Gujarat government made the NHRC not to apply its mind and make a petition to the Supreme Court to transfer the Best Bakery case outside Gujarat.
The petiioner has prayed the Supreme Court that the perjury of Zaheera Sheikh not only after her estrangement from Teesta Setalvad, but also before that must be investigated by the CBI or a Special Investigating Team (SIT) monitored by a retired Supreme Court or High Court judge. The petitioner has also questioned the credibility of a section of the media for extra-judicial trial of a sub-judice matter. He has quoted the former High Court judge P.B.Sawant, former Chairman of the Press Council of India, who had remarked that many journalists are on the pay roll of foreign intelligence agencies.
In democracy the people are more supreme than the Supreme Court and therefore they must consider cases of vital national importance. In particular, the people must think whether it is proper for the Supreme Court not to pay any heed to this petition dated 17 December 2004 and subsequent reminders. That the Supreme Court ordered its Registrar General, subsequently, on January 10, 2005 to investigate who is telling the truth, whether Zaheera Sheikh or Teesta Setalvad and to complete the report within 3 months. This order suggests that it had erred earlier in believing in Teesta Setalvad.
<b>It is also worth consideration that the Registrar General is yet to take note of the following vital information to find out the truth as to who, of the two women, is telling the truth:</b>
<b>It is reported in the media that Teesta Setalvad helped Zaheera Sheikh to open a bank account in the Syndicate Bank, Bhayander, near Mumbai, on May 21, 2002. In the bank, an amount of Rs 2.9 lakh was deposited from November 11, 2003 to March 4, 2004. This is the period in which Zaheera Sheikh was under the alleged confinement of Teesta Setalvad. Zaheera has denied that she deposited the money in the Bhayander bank.</b>
<span style='color:#FF6600'><b>At about the time, when Zaheera Sheikh had a press conference in Vadodara on November 3, 2004, in which she made various allegations against Teesta Setalvad, the bank was burgled twice on Nov. 2 and Nov. 12 by breaking open the grills at night. Robbers rummaged through records without touching the cash. This is very significant. This shows that robbers wanted to destroy the evidence as to who helped Zaheera to open the account and who deposited the money to the Bhayander bank etc.</b></span>
<b>It must be also noted that though it is very difficult to get a ration card, some Asghar Ali helped Zaheera to get a ration card as a proof of residence, which is necessary for opening the bank account. The needle of suspicion in these incidents regarding the Bhyander bank account of Zaheera points to Teesta Setalvad, who is influential and capable enough to do such things.
</b>
The Supreme Court had ordered investigation of bank accounts of Zaheera Sheikh, though she had submitted her bank papers to the trial court in Mumbai earlier. It is surprising that the apex court has not so far asked Teesta Setalvad to submit her bank papers also, though Zaheera Sheikh's counsel, senior advocate P. N. Lekhi has requested the Supreme Court for that. The apex court has , thus, not placed the two women on the same level field. P.N. Lekhi had alleged in the Supreme Court that Teesta Setalvad, alias Teesta Javed Anand ( alias Ansari) had minted money by selling the Best Bakery case abroad. This allegation is surely more serious.
It is believed that Teesta Setalvad had used this money to pay for Zaheera's expenses when the latter was in Teesta's confinement and influence for about two years, and arranged to deposit some part to the Bhayander account of Zaheera Sheikh.<!--QuoteEnd--><!--QuoteEEnd-->