CASE COMMENTARY ON ZAHIRAHABIBULLAH SHEIKH AND ANR. V. STATE OF GUJARAT AND ORS. ALSO REFERRED TO AS BEST BAKERY CASE

Abstract

Zahir Habibulla H.Sheik Vs State of Gujarat and Ors is commonly known as “The Best Bakery Case”. This case symbolizes the inhumanity of the carnage post Godhara riots which involved killing 1200 people. On 6th June 2005, Supreme Court of India extended the term of the Bombay Special Court to conduct the retrial of this case. This was one of the unique cases as the charges were originally brought in various criminal courts in the State of Gujarat as a result of the communal violence which exploded the State in 2002. Before the justice was delivered in Mumbai court, the trial took many enraging twists. The issues raised in this case dealt with contempt of court which has no statutory definition. But as per the definition given in the Contempt of Court act 1971, it has only categorized the contempt of court; the contempt maybe be civil or criminal contempt. The Best Bakery Case deals with criminal contempt which is defined in section 2(c) of the Contempt of Courts act 1971. “Criminal contempt” means the publication (whether by words, spoken or written, or by signs, or by visible representation, or otherwise) of any matter or the doing of any other act whatsoever whichi. scandalises or tends to scandalise, or lowers or tends to lower the authority of, any court; or ii. Prejudices, or interferes or tends to interfere with, the due course of any judicial proceeding; or iii. Interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of justice in any other manner;