Supreme Court Orders Transfer of M. Shahabuddin from Bihar to Tihar Jail for Fair Trial

Introduction

The Supreme Court of India, in the case of Asha Ranjan v. State of Bihar & Ors. and Chandrakeshwar Prasad v. Union of India & Ors., addressed a significant issue of fair trial and justice administration by ordering the transfer of the notorious criminal-politician M. Shahabuddin from Siwan Jail, Bihar, to Tihar Jail, Delhi. The Court’s ruling was crucial in ensuring a fair trial in numerous criminal cases against him, as witnesses and victims feared testifying against him due to his influence in Bihar.

Background of the Case

The case involved two writ petitions seeking justice for victims of crimes allegedly orchestrated by M. Shahabuddin. The first petitioner, Asha Ranjan, was the widow of journalist Rajdev Ranjan, who was murdered in Siwan, allegedly at the behest of Shahabuddin. The second petitioner, Chandrakeshwar Prasad, lost three sons in separate incidents, allegedly at the hands of Shahabuddin’s associates.

Both petitions sought:

A Central Bureau of Investigation (CBI) probe into the cases.
Transfer of criminal proceedings outside Bihar to ensure an impartial trial.
Relocation of Shahabuddin from Siwan Jail to a prison outside Bihar.
Protection for witnesses and victims’ families.

Petitioners’ Arguments

The petitioners contended:

Shahabuddin wielded enormous influence in Siwan, making it impossible for witnesses to testify freely.
Despite being in jail, he continued to run a criminal empire and intimidate victims and witnesses.
The prison authorities colluded with him, allowing him to operate with impunity.
A fair trial was impossible if he remained in Bihar.
There was a serious risk to the lives of victims’ families and witnesses.

Respondents’ Arguments

The State of Bihar and Shahabuddin’s defense team argued:

Prison rules did not allow for the transfer of an undertrial to another state.
Shahabuddin’s fundamental rights under Article 21 of the Constitution would be violated.
The allegations of continued criminal activity were speculative and unproven.
A transfer to Delhi would isolate him from his family and legal counsel.

Supreme Court’s Observations

The Court carefully examined the arguments and emphasized the principle of fair trial:

“The right to fair trial is not singularly absolute, as is perceived, from the perspective of the accused. It takes in its ambit and sweep the right of the victim(s) and the society at large. These factors would collectively allude and constitute the Rule of Law.”

The Court noted that Shahabuddin’s criminal history was alarming:

He was implicated in at least 75 cases, including multiple murders.
He had been convicted in 10 cases and was serving life imprisonment in two.
He was declared a “history-sheeter Type A”, indicating he was beyond reform.
Despite incarceration, he continued to wield power and influence.

The Court further observed:

“An accused who has been able to, by his sheer presence, erode the idea of safety of a witness in court or for that matter impairs and rusts the faith of a victim in the ultimate justice, is not to be countenanced as it is an unconscionable situation.”

Key Judgment Excerpts

The Court ruled:

“The presence of M. Shahabuddin in Siwan Jail has created an environment where justice cannot prevail. In the interest of free and fair trial, he must be transferred to Tihar Jail, Delhi.”

The Court also held:

“The trial in pending cases shall be conducted through video conferencing to ensure witness protection and prevent intimidation.”

Final Ruling

The Supreme Court issued the following directives:

Shahabuddin was to be transferred from Siwan Jail to Tihar Jail within one week.
All pending trials against him would be conducted through video conferencing.
The Bihar government was instructed to cooperate fully with Delhi authorities.
Patna High Court was requested to expedite pending trials and dispose of related matters within four months.

Conclusion

This landmark judgment reinforced the principle that no individual, regardless of influence, is above the law. The Court’s decision aimed to restore public confidence in the justice system and ensure that victims and witnesses could participate in legal proceedings without fear.

The ruling set a crucial precedent for cases where powerful accused persons attempt to manipulate the justice system through fear and influence. The Supreme Court’s intervention safeguarded the constitutional rights of victims and upheld the sanctity of the legal process.

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Download Judgment: Asha Ranjan & Chandr vs State of Bihar & Ors Supreme Court of India Judgment Dated 15-02-2017.pdf

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