Yasmeen files fresh affidavit in HC
April 30, 2011
Navin Upadhyay | New Delhi
The Best Bakery case has taken an interesting turn with prime witness Yasmeen Banu filing a fresh affidavit in the Bombay High Court that her deposition before the trial court was “false” and “tutored”. In her affidavits filed on April 21, Yasmeen has told the court since convictions in this case were based on her deposition, she should be called for examination again. Yasmeen has accused social activist Teesta Setalvad of influencing her to give false evidence. On the basis of Yasmeen’s “false” testimony”, nine of the 17 accused persons were sentenced to life imprisonment.
Yasmeen filed the petition earlier this week after no action was taken on her letter dated June 17, 2010 addressed to the Chief Justice of Bombay High Court. As first reported by The Pioneer on April 19, Yasmeen had written to the Chief Justice of Bombay High Court in June last year detailing how she was “lured “ and “coerced” to make false submission before the trial court .
Yasmeen has stated that she was not examined in the original trial at Vadodara as she had refused to falsely implicate innocent persons. “Hence the investigation agency and the prosecution apprehended that she would depose about the innocence and the non-involvement of the accused in the said case thus exposing the investigating agency,” the affidavit says.
Yasmeen says that when the trial shifted to Mumbai, Teesta’s close associate Rais Khan Pathan contacted her along with the local Muslim leaders on behalf of Setalvad and persuaded her to become a witness in this case.
Yasmeen has stated in her affidavit that Setalvad talked to her on phone and asked her to come to Mumbai to depose in the Best Bakery trial. Yasmeen says since she was in a financial difficulty, she was thus lured to depose in this case.”
Yasmeen states that when she went to Mumbai she was first kept at Ashok Guest House at Bhendi Bazar for one month and then at Room No 102, Mariam Apartment, Ismail Katre Road, Bhendi Bazar for 11 months where other witnesses of this case also stayed.
Yasmeen says she gave false deposition against the accused persons and identified them falsely at the behest of and as per the advice of Teesta Setalvad hoping that Teesta would help her financially.
Claiming that she was repenting now, Yasmeen states that after completion of trial at Mumbai she was shifted to Ahmedabad and she stayed at Shahpur Mill Compound. “Till the Judgement was pronounced by the trial court, her living expenses were met by Rais Khan Pathan on behalf of Teesta Setalvad, but thereafter she was driven out of the house,” she says.
Yasmeen states that “after her deposition before the trial court, she realised that she was made an instrument to achieve the ulterior goal of Teesta Setalvad.”
Yasmeen has referred to her affidavit filed to the Chief Justice of Mumbai High Court on June 17, 2010 in which she admitting giving false deposition. The copies of the affidavit were also sent to Chief Justice of India, Chairman, Human Rights Commission and Director General of Police, Gujarat.
Stating that she had not received any response to her previous affidavit, Yasmeen has said she was filing the fresh affidavit under section 391 read with section 482 of the Code of Criminal Procedure - 1973, for taking an additional evidence of the petitioner.
No comments:
Post a Comment