Mumbai: Prime witness in Best Bakery case Zaheera Shaikh did not appear before the trial court in Mumbai today (Nov 17, 2004) despite summons issued to her but assured the judge that she would depose whenever required. This is the second time that Zaheera and her brothers have been summoned by the court. Earlier, the witnesses failed to turn up before the court on November 4 and the court had issued fresh summons, which was returnable today.

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Her lawyer Harshad Ponda informed the court yesterday (Nov 16, 2004) that Zaheera is ready to depose but urged the judge to fix a date for recording her evidence. The designated judge then suggested him to consult the prosecution on the production of the witness.

Prosecutor Manjula Rao told reporters outside the court today that Zaheera had assured to depose but it was the sole discretion of the prosecution when to examine her.

"We shall not take any chance now as she is under police security and all precautions have to be taken. But her brothers, Nafitulla and Nasibulla, would be examined soon," she said.

On November 3, Zaheera had affirmed before the Vadodara collector saying she was being pressurised by social activist Teesta Setalvad to identify innocent persons as accused in the Mumbai court conducting re-trial in Best Bakery case. She also said that her original testimony before the fast track court in Gujarat was true.

Zaheera alleged in the affidavit that she was forcibly taken to Mumbai by some locals at the behest of Setalvad and also made to sign documents in English. Zaheera also alleged that Teesta had "threatened her with dire consequences" if she did not cooperate with developments of the case in the court.

Zaheera accused Mumbai police of siding with Setalvad and towing her line. Seeking police protection from Setalvad and also during the ongoing trial in Mumbai court, the prime witness said the judgement passed by the fast track court in Gujarat was correct and blamed the social activists for pressuring her to name innocent persons as accused in the Mumbai court.

The Supreme Court had ordered retrial of the case in Mumbai, as Zaheera had claimed that she had deposed before the trial court out of fear. Setalvad and her NGO had then stood behind Zaheera in her fight for justice.