Zaheera moves HC against judge's remark
Thipsay, in his judgement, which convicted nine persons for Best Bakery killings, had stated that Zaheera had intentionally lied at the retrial.india Updated: May 17, 2006 23:29 IST
Zaheera Shaikh, the prime witness in Best Bakery case, along with her family members on Wednesday filed a revision petition in the Bombay High Court challenging the adverse remarks passed against them by Additional Sessions Judge Abhay Thipsay in Best Bakery retrial judgement.
Thipsay, in his judgement, which convicted nine persons for Best Bakery killings, had stated that Zaheera had intentionally lied at the retrial.
The Judge had reached the same conclusion regarding testimonies of her mother Sehrunnisa, her sister Sahira and brother Nasibullah.
On the basis of this conclusion, the judge has initiated summary trial against them for giving false evidence.
The petition not only demands that these remarks by the sessions judge be removed, but also seeks to quash the whole judgement and conviction of nine persons therein.
Among other things, the petition has challenged Thipsay's remark that Zaheera's statement (at the retrial) that she did not file the FIR -- on attack on Bakery -- was false.
It also claims that the Judge erred in disbelieving Zaheera when she said that she did not name any of the accused in her statement to the police.
Also, the revision petition claims, "The Judge erred in observing that Zaheera had falsely stated that she was unaware of her approach to Supreme Court," and "she did not know the result of trial in Vadodara court."
Meanwhile, perjury proceedings before Thipsay have been adjourned till Friday as Zaheera's lawyer sought a stay in view of present revision petition in the High Court. The sessions judge will hear him on his point on Friday.