New Delhi, Sept 19: Chastised by the Supreme Court to observe "Raj Dharma", the Gujarat government today admitted before it that witnesses in the Best Bakery case trial could have been "coerced or won over" to turn hostile leading to acquittal of all the accused but pledged to do "everything possible" to bring the guilty to book. Shaken by the apex court`s severe criticism of the manner in which the state had filed the appeal before the High Court, Gujarat government through Additional Solicitor General Mukul Rohtagi said it would amend its appeal challenging the acquittal of the accused, seek retrial of the case and a direction for further probe into the case to collect more evidence. A bench comprising Chief Justice V N Khare, Justice Brijesh Kumar and Justice S B Sinha, which was hearing a petition filed by National Human Rights Commission (NHRC) alleging miscarriage of Justice and transfer of trial of four riot cases outside the state, warned the state that it would "not allow the mistake committed before the trial court to be repeated before the High Court".

It allowed the state two weeks time to file an affidavit detailing the steps it was taking in the case and posted the matter for further hearing on October nine.

To assuage the court, Rohtagi said the state would within a week appoint seasoned advocates as special public prosecutor to conduct the riot cases pending before various trial courts.

As directed, State Chief Secretary Praveen Kanubhai Laheri and Director General of Police K Chakroborty were called in separately in quick succession to the jam-packed Chief Justice`s court room. They were asked as to why the state did nothing even after noticing that witnesses in the case were turning hostile on each day of the trial.
Both the officers were examined by the court without putting them on oath and probed as to how the state could remain silent when such a serious lapse was taking place in the trial court.
It was the DGP who was questioned more incisively by the bench and at one point conceded that he had sought to know from the Commissioner of Police of Baroda district as to why so many witnesses were turning hostile. "The commissioner had told me that the witnesses appear to have been either coerced or won over."
Laheri said the grounds of appeal filed before the High Court would be suitably amended to bring out specifically the prayer for retrial in the case as many witnesses have turned hostile.

Asked would the state be ready for a CBI investigation into the case, Laheri said "I have no instruction from the state government."

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When asked as to who had instructed him to file the earlier affidavit, on which the court last Friday had passed caustic comments, the Chief Secretary said that the affidavit was filed on the advice of the advocate general and the Chief Minister and the State Law Minister were informed about it.
Of the 43 witnesses in the best bakery case, 37 had turned hostile including star witness Zaheera Shaikh, who also has approached the apex court seeking transfer of the trial of Best Bakery case to a place outside Gujarat.

The trial court, while acquitting all 21 accused in the case, had castigated the police for doing a shoddy job by collecting wrong evidence and roping in wrong accused.

NHRC in its petition had sought probe by an independent agency as it apprehended that fair trial was not possible on the basis of the evidence collected by the Gujarat Police.

Opposing this plea, the state government said as it was seeking a direction from the high court to order re-trial and further probe into the matter, there was no need for an independent agency to take over investigation.

Appearing for NHRC, senior advocate P P Rao criticised the Gujarat government for not seeking investigation by an independent probe agency as there has been a serious miscarriage of justice in the case.

Rohtagi said "We do not want an independent probe agency. The evidence collected by the police was enough to convict the accused, the trial court has erred by acquitting them. The statements made by the witnesses before the police under Section 161 of the criminal procedure code were correct and should not have been overlooked by the trial court."

The bench, while adjourning hearing on the petitions to October nine, said "we will ensure that justice is done in the case."

Bureau Report