New Delhi: Criticising the media for carrying out a "systematic campaign" during the Best Bakery case trial, the acquitted accused persons today (March 24, 2004) said their legal rights have been severely violated and appealed to the Supreme Court not to allow any fresh bid by witnesses and prosecution for injection of fresh evidences leading to retrial of the case.

The court, without going into merits of appeals filed by key witness Zahira Shaikh and State Government challenging the decision of the High Court acquitting all 21 accused in the case, reserved its verdict on the limited question whether the High Court could be directed to consider the fresh evidence claimed through affidavits by some witnesses.

Arguing for the accused, senior advocate K T S Tulsi submitted before a Bench comprising Justice Doraiswamy Raju and Justice Arijit Pasayat that trial by media has hampered the reputation of his clients to such an extent that even after acquittal by two courts, they were being treated as guilty by the media.

Opposing any move to adduce fresh evidence, as suggested Zahira and the State, the counsel said that if such a plea was allowed then there could never be a finality to a trial.

Then the prosecution, even after the completion of trial, could come to the appellate court, plead that they have gathered fresh evidence and request for a retrial, he added.

"Additional evidence at a later stage cannot be relied upon by the prosecution to fill its own lacunae," Tulsi said while stressing on the role of media during the entire trial proceedings at Vadodara.

Tulsi said "nothing is more incumbent upon the courts than misrepresentation of the proceedings that took place before it" he said and indicated that the trial proceedings before the Special Court in Vadodara was misreported.

Senior advocate Sushil Kumar had also argued for the accused and submitted that injection of fresh evidence at the stage of the High Court was contrary to the procedure established and could lead to violation of the rights of the accused, who have already been acquitted by two courts.

He said that the High Court had elaborately discussed the contents of the affidavit filed by Zahira alleging that she was threatened into retracting her statements during the trial and had ruled that it was not admissible evidence.

However, appearing for Zahira, senior advocate Kapil Sibal and advocate Aparna Bhat submitted that the High Court had rejected the request for allowing fresh evidence to be brought on record in a "very cursory manner".

The Gujarat Government had also requested the Court for a direction to the High Court to take into account the fresh evidence given by the witnesses.

It, however, had strongly objected to Sibal's suggestion that the appeal should be transferred to another High Court if the apex court felt that the fresh evidence should be taken on record.