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Citizens for Justice and Peace

mahletter

08, May 2017



  

October 2, 2004

 

To,


Shri A.K.D. Jadhav,

Additional Chief Secretary [Home]

Government of Maharashtra

 


Subject: Re-trial of the BEST Bakery case

 

Dear Sir,

 

It is with regret that we all heard of the
sudden demise of noted criminal lawyer, Shri PR Vakil and the special
public prosecutor in the BEST Bakery case. We are constrained to
communicate with you immediatey in this regard so as to avert any further
unnecessary delay in this case that is about to commence on Monday October
4, 2004.

 

Mrs Manjula Rao has been the associate public
prosecutor and hence if at all we are in the process of considering as the
guardian group of the affected parties the name of one or two more persons
to assist her in the prosecution.

 

As you have been kindly
aware the prosecutors have to be in accordance with the wishes of the
affected parties. The Hon SC said in itÂ’s judgement of April 12, 2004
that  “ We direct the State Government to appoint another public
prosecutor and it shall be open to the affected persons to suggest
any name which may also be taken into account in the decision to so
appoint.  Though the witnesses or the victims do not have any choice in
the normal course to have a say in the matter of appointment of a Public
Prosecutor, in view of the unusual factors noticed in this case, to accord
such liberties to the complainants party, would be appropriate.”
 

This principle was further upheld by the Court in itÂ’s Order of August
9, 2004.

We therefore urge you to give us a few more
days to communicate the additional names to you in view of the akltered
circumstances following the untimely death of Shri PR Vakil.

Yours Sincerely,

 

Teesta Setalvad, Secretary


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