Gujarat Riots Witness seeks Pardon for Lying;Mom Absconds

December 7, 2006

Recently Jeff Sadiqi of the Puget Sound Muslim Association, declared that 5000 thousand Indian muslims were butchered in Gujarat by Hindu extremists. This was on the Michael Medved Nation-wide AM talk radio show. He was debating with an Israeli author. Sadiqi was attempting to convince the listeners that Muslims were the real endangered people. Below is some info that average Americans will never hear despite having all heard of the alleged genocides of Gujarat.

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04 Dec 2006 13:56:54 GMT

04 Dec 2006 13:56:54 GMT ## for search indexer, do not remove--> Source: Reuters

NEW DELHI, Dec 4 (Reuters) - A key witness to an attack on a Muslim-owned bakery during religious riots in India in 2002 appealed to the country's top court on Monday for clemency after being imprisoned for repeatedly lying under oath.

Zahira Sheikh, whose family owned the bakery in the western state of Gujarat that was set ablaze by a Hindu mob, killing 14 people, was seen as a key witness in attempts to obtain justice for Muslim victims of the rioting.

But Sheikh recanted her statements in various courts, prompting the Supreme Court to jail her for one year in March, despite activists claiming Hindu groups had pressured her not to disclose information about the incident.

Sheikh -- who is in a Mumbai prison -- filed a fresh appeal urging the court to reduce her sentence on "humanitarian grounds" to the 10 month period she had already served.

"The applicant is a victim of circumstances. She and her entire family tender unconditional apology for acts/omissions that have occurred on their part," Sheikh's petition said.

She also appealed to the court to set aside a fine of 50,000 rupees ($1,120) imposed on her for wasting the court's time.

The petition is expected to be heard within 10 days.

The Gujarat riots erupted after 59 Hindus were burnt to death in a train compartment by a suspected Muslim mob.

Human rights groups say about 2,500 people -- mostly Muslims -- were killed in the riots, some of the worst in India, but official estimates put the figure about 1,000.

India's justice system is plagued by witnesses who change their testimony either for financial gain or after being threatened by people seeking to protect the accused.

Many cases in which witnesses "turn hostile" have collapsed as a result and pressure is mounting for those accused of perverting the course of justice to be dealt with more harshly by judges.

http://www.alertnet.org/thenews/newsdesk/DEL283907.htm

Court pulls up Zahira Legal Correspondent For certain averments in the review petition

``Name the politicians''

Counsel promises to delete objectionable passages

New Delhi: The Supreme Court on Monday pulled up Zahira Sheikh, key witness in the Best Bakery case, for certain averments in her review petition. The petition sought modification of the Court order of March 8, sentencing her to undergo one year imprisonment and levying a fine of Rs. 50,000 for filing flip flop statements on affidavits. Zahira wanted the sentence reduced, stating that she has already undergone imprisonment, and exemption from paying the fine. A Bench, comprising Justices Arijit Pasayat and H.K. Sema, referred to certain portions in the petition and told counsel D.K. Garg: ``If Zahira was really a victim of circumstances, she should have named the politicians who had exploited her. We can't entertain this petition in its present form. You name the politicians who had exploited her and we will take care of them." Mr. Garg said he would file an affidavit deleting the objectionable passages and the Bench granted 10 days time for doing so. Zahira

submitted that when the incident happened on March 1, 2002, she was only 16 years. A month earlier her father died, leaving behind five children of tender age. Her elder brother Nafitullah died on March 2. Zahira said she was a victim of circumstances. She and her entire family had tendered unconditional apology for acts of omissions on their part. She had not committed mistakes advertently, she said and urged the Court to take into consideration all these factors and reduce the sentence.

http://www.hindu.com/2006/12/05/stories/2006120501021100.htm

Prosecution seeks to declare Zahira’s mother as absconder

Urvi Jappi

Mumbai, December 3, 2006

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0.gif" width=1> var zflag_nid="294"; var zflag_cid="1"; var zflag_sid="0"; var zflag_width="180"; var zflag_height="150"; var zflag_sz="13"; Trouble does not seem to end for the family of Zahira Sheikh, the prime witness in the Best Bakery case. The prosecution recently approached the special court seeking that Zahira’s mother Sehrunissa be declared an absconder.

Special judge AM Thipsay had convicted her on May 16 this year for repeatedly lying under oath while deposing as a witness in the retrial of the main Best Bakery case. She is presently not traceable.

Public prosecutor Anoop Pandey made an application before special judge on November 20 seeking that a fresh warrant be issued against Sehrunissa and the Detection of Crime Branch (DCB) of Vadodara be directed to submit action taken report. If the DCB fails to find her once again, then issue proclamation against her declaring her as an absconder.

On March 1, 2002, two days after the Godhra carnage, a mob attacked Best Bakery in the Hanuman Tekri area of Vadodara. Hanuman Tekri is a poor, lower middle-class neighbourhood. Predominantly Hindu, very few Muslim families live here. The mob looted and burnt the bakery, killing 14 people in a period of 12 hours. The mob targeted the Muslims inside including the Sheikh family which ran the bakery. Three Hindu workers who worked at the bakery were also killed.On May 16, Judge Thipsay had sentenced Sehrunissa to three months of rigorous imprisonment while holding her guilty for giving false evidence during the retrial into the Best Bakery carnage case. The court had also imposed a fine of Rs 500 on her defaulting, which she would have to undergo additional imprisonment of ten days.

The court stayed her sentence for a month to allow her to approach the High Court to challenge the conviction. As the HC did not stay the sentence, Judge Thipsay had directed in June that she be taken in custody immediately. However, Sehrunissa went missing following which warrant was issued against her.

As she was not traceable in Mumbai, the warrant was sent to DCB, Vadodara. A report was submitted by the DCB, Vadodara, before Judge Thipsay that she is nowhere in Gujarat too. The DCB had recorded statements of Heena, who is wife of Sehrunissa’s deceased son Nafitulla.

According to Heena’s statement, the family has not seen or met Sehrunissa since June. Statement of one Kanaiyah, who resides near the Sheikh family in Vadodara was also recorded. He told the DCB that even he has not seen Sehrunissa.

Failing to trace her, the DCB, Vadodara returned the warrant to special court stating that they have not been able to execute it.

Umesh Deshpande, advocate for Sheikh family told HT that he too has no contact with Sehrunissa. “I cannot make her present before the court as even her family does not know where she has disappeared,” said Deshpande.

Earlier, Zahira had filed a review petition (in October) before the Supreme Court for review for her sentence. The SC had sentenced her to simple imprisonment of one year and imposed a fine of Rs 50,000 for contempt for repeatedly changing her statements before the court.

Failing to pay fine, she has to undergo additional one-year’s imprisonment. She has sought quashing of the fine. The petition is likely to come up for hearing later this month, said her advocate Deshpande.

Zahira too was sentenced to rigorous imprisonment of three months with a fine of Rs 500 by Judge Thipsay in June for changing her statements. She was taken in custody after she surrendered before the special court on March 10.

Email Urvi Jappi: urvi.jappi (AT) hindustantimes (DOT) com

http://www.hindustantimes.com/news/181_1858616,000600010004.htm