An application filed by a key witness in the Best Bakery incident of 2002, Yasmeen Shaikh, will be heard together with an appeals filed by convicted accused by the Bombay high court. Shaikh filed a plea before the high court seeking orders for recording additional evidence.
The division bench of justice VM Kanade and justice ML Tahliyani felt hearing the plea will delay hearing of the appeals filed by the convicted accused.
“Recording additional evidence at this stage would prolong hearing on the appeals and we would be doing grave injustice to the accused,” the judges said. They added that Yasmeen’s application would be heard only if the court upholds the convictions. “But if the conviction is quashed and set aside then the application will not stand,” the bench added.
The prime witness filed an application in February alleging she was “lured and misguided” by social activist Teesta Setalvad into giving false testimony against 17 accused, of which nine were convicted and are serving a life sentence.
According to her plea, Teesta had promised her money for giving false evidence against the accused.
After the conviction, however, Teesta refused to pay the money following which Yasmeen approached the high court. Senior counsel Mahesh Jethmalani, representing Yasmeen, said since she had given false testimony, it was required to be recorded afresh.
The court has posted the appeals for final hearing on February 7.