Terming as "inadequate" the Rs 2000compensation given by Gujarat government to four key witnessesin the post-Godhra 'Best Bakery' riots case, the Bombay HighCourt today hiked it to Rs 3 lakh, considering their "ordeal".
The High Court had yesterday heavily relied upon thetestimonies of the four employees of the bakery, who hadreceived grievous injuries during the riots, to uphold lifesentence to four accused in the case in which five others wereacquitted for want of evidence.
"Compensation given to these witnesses is inadequatetaking into consideration the ordeal they have undergone.
Hence we direct Gujarat government to deposit compensation ofRs three lakh each to these four eyewitnesses," a divisionbench of justices V M Kanade and P D Kode ordered.
Noting that a number of witnesses had turned hostile inthe case, the court said it was high time that the stategovernment developed a mechanism for providing protection towitnesses.
Relying on statements of four injured eyewitnesses--TufilAhmed Siddiqui, Raees Khan, Shahzad Khan Pathan and ShailunKhan Pathan-- the court had upheld the conviction and lifesentence awarded to the four accused - Sanjay Thakkar, BahadurSingh Chauhan, Sanabhai Baria and Dinesh Rajbhar.
It had, however, reversed the conviction of five otheraccused - Rajubhai Baria, Pankaj Gosavi, Jagdish Rajput,Suresh alias Lalo Devjibhai Vasava and Shailesh Tadvi- afterobserving that no witnesses identified them as part of the mobthat attacked Best Bakery and no specific role was attributedto them.
On March 1, 2002, two days after the carnage in which59 kar sevaks were burnt alive in Sabarmati Express at Godhra,a mob had attacked Best Bakery in Vadodara, looting andburning it down and killing 14 people. The mob targeted theMuslims taking shelter inside, including the Sheikh familywhich ran the bakery. Three Hindu workers employed at thebakery were also killed.
Apart from these four eyewitnesses, the bench alsoordered a compensation of Rs 3 lakh to key prosecution witnessYasmeen Shaikh.
Yasmeen, who had testified against the accused during the trial, had filed an application in the High Court early thisyear seeking her evidence to be recorded again as she was"tutored and misguided" by social activist Teesta Setalvadinto giving false evidence against the accused.
Setalvad had also filed an intervening application askingthe court to hear her views while deciding the appeals. Thoughthe court had yesterday disposed of the appeals of theaccused, it had kept its decision on Yasmeen and Setalwad'sapplications pending.
While dismissing both the applications, Justice Kanadesaid, "Yasmeen's evidence is not trustworthy and hence thereis no need to further make inquiries into her statement anddelay the case. Since we have not made any observationsagainst Teesta there is no need to hear her application."
Pointing out to the number of witnesses who turnedhostile in the case, the bench said it was high time the stategovernment developed a mechanism for providing protection towitnesses.
"It is high time the state government evolves a machineryto protect witnesses in sensitive cases like this. A witnessprotection programme should be enabled so that witnesses feelprotected," the court said.
It said such a programme should be undertaken by thestate government and not by non-government organisations orprivate parties so as to avoid allegations of tutoring andmisguidance.
In a relief to defence lawyers Adhik Shirodkar and histeam, the bench expunged the remarks made against them by thetrial court.
"Although the trial court has discharged its duty at itsbest, it should have refrained from using harsh words. Suchobservations against defence lawyers were uncalled for andhence they are expunged," Justice Kanade said.
Justice Kode said, "Sometimes words cause more injurythan weapons. Injuries caused by weapons will heal."
The bench also asked the media to exercise caution whilereporting sensitive matters like communal tensions.
"India is witnessing communal tension since 1947. At thattime we had a leader like Mahatma Gandhi who had a commandover both the communities. But unfortunately today we have nosuch leaders," Justice Kanade said.