Mumbai: In keeping with the Supreme Court directive, the sensational Best Bakery case today (June 7, 2004) opened for re-trial in Maharashtra before a sessions court in Mumbai, which reserved its order till June 21 on the appointment of public prosecutor (PP) as both the State and Gujarat Governments staked their claim for the same.

Both the State Governments sought time to appoint a public prosecutor in the case, interpreting the Supreme Court directive in their own way.

Judge Abhay Thipsay, whose court will hear the re-trial of the case involving killing of 14 people in post-Godhra riots, reserved his opinion on the issue, but observed "there cannot be two prosecutors for one case".

Adjourning the hearing till June 21, the judge asked both the Governments to sort out the issue by that time after considering the Supreme Court directive of taking the opinion of the witnesses into account.

He also directed the Gujarat Government to submit English translation of the police report and charge-sheet by the next date and added that the court has already initiated translation of other documents of the case.

Three accused in the case, namely Bahadursingh alias Jeetu Chavan, Dinesh Rajbhor and Tulsi Bhikabhai Tadavi, who are in jail custody, were produced in court. Hearing their plea, the court ordered that they be given free legal help.

Co-accused, Ravi Chavan, who is on bail, was represented by Advocate S S Bhise. Fifteen more accused are absconding.

Co-accused Yogesh Laxmansingh Verma and Suresh Vasawa, were held by Gujarat police in the past 24 hours. They will be produced in the court on June 21.

T S Nanawati, counsel of Gujarat Government, said the State would appoint a public prosecutor in a day or two or the time limit specified by the court.

Rohini Salian, who appeared on behalf of the Maharashtra Government, informed the court that the State would need time for appointment of public prosecutor.

As both the counsel sought time, Mihir Desai, counsel for prime witness, Zaheera Sheikh, stated that while there has to be a decision on who has authority to appoint the prosecutor, the apex Court directive that victims be taken into confidence during the appointment, should also be borne in mind.

The Supreme Court had on April 12 ordered the Bombay High Court to set up a special court for retrial of 21 accused in the case who were acquitted by a fast track court in Gujarat after the witnesses in the case turned hostile. Accordingly, the High Court appointed judge A M Thipsay to conduct the retrial.

Fourteen people, most of them from minority community, were killed in a carnage in Best Bakery in Vadodara on March 1, 2002.

Although the 21 accused were tried by a fast track court in Vadodara, they were acquitted since witnesses turned hostile.

The Gujarat High Court also upheld the lower court order acquitting them.

Later, prime witness, Zaheera Sheikh moved the Supreme Court with the help of an NGO, seeking re-trial of the accused outside the State on the ground that she had been intimidated.

Zaheera told the Supreme Court that due to constant death threats from vested interests to her and mother Sehrunissa, both had lied before the lower court. The truth would come out if the case was re-tried outside Gujarat, she had argued.