NEW DELHI, 9 March 2006 — The prime witness in the Best Bakery case, Zaheera Sheikh, has been sentenced to a year in prison for contempt of court. A Supreme Court bench has also asked her to pay a fine of Rs. 50,000. In case of default of payment of fine she will have to undergo further imprisonment of one year.
“We find Zaheera guilty of contempt of court,” a two-bench decision by justices Arijit Pasayat and H.K Sema said.
The bench pronounced the verdict after accepting the report of a high-powered committee which inquired into the allegations and counter-allegations between Zaheera and social activist Teesta Setalvad. The committee had indicted Zaheera as “self-condemned liar.”
The bench said the case was a classic example of witnesses turning hostile. While delivering the judgment, the bench spoke at length about the role of witnesses in a criminal trial. “The court should not be a tape recording machine but play a participatory role,” the bench observed.
However, Zaheera’s counsel says they are planning to appeal for a reduction of the sentence. Zaheera’s changing testimonies are believed to have weakened the Best Bakery trial and led to the acquittal of many of the accused from a lower court. Disapproving Zaheera’s conduct in the case, the bench directed income tax authorities to attach her assets and bank accounts for three months. It also asked the authorities to initiate proceedings to ascertain her source of income since year 2000.
The bench said the proceedings against Zaheera will be initiated in accordance with law and directed the Vadodara income tax commissioner to take appropriate action.
The bench left it open to income tax authorities to inquire into the alleged sting operation showing controversial Bharatiya Janata Party (BJP) MLA Madhu Srivastava and Congress party Corporator Bathu Srivastava talking about payment of money to Zaheera.
The bench said the trial court should decide the case without being influenced by the findings of the inquiry officer.
The top court, on Jan. 10, 2005, had referred the matter for inquiry on being faced with the “flip-flops” of Zaheera, much to the embarrassment of Teesta Setalvad.
While the verdict in this matter was reserved, a trial court in Bombay on Feb. 24 sentenced nine persons to life imprisonment in the case, finding them guilty of murder and issued a notice to Zaheera and other members of her family, who were the main witnesses, for tendering false evidence. Besides Zaheera, her mother Sehrunissa, two brothers Nasibullah and Nafitullah and sister Sahira, had turned hostile during the recording of evidence.
