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Regular-article-logo Sunday, 08 February 2026

Don transfer hearing ends

The Supreme Court on Tuesday concluded hearing of elaborate arguments spread over 10 days on the plea for shifting gangster-turned-RJD leader Mohammed Shahabuddin to Delhi's Tihar jail and also transfer two brutal murder cases pending against him to the national capital to ensure a "free and fair trial".

Our Legal Correspondent In New Delhi Published 18.01.17, 12:00 AM

The Supreme Court on Tuesday concluded hearing of elaborate arguments spread over 10 days on the plea for shifting gangster-turned-RJD leader Mohammed Shahabuddin to Delhi's Tihar jail and also transfer two brutal murder cases pending against him to the national capital to ensure a "free and fair trial".

The two cases being probed by the CBI pertain to the brutal killings of three brothers - all sons of one Chandrakeshwar Prasad - and another pertaining to journalist Rajdev Ranjan, who was shot dead last May.

Both Prasad and slain journalist Ranjan's wife Asha have moved the apex court seeking transfer of trial to Delhi from Siwan as the witnesses cannot, according to them, testify in a free and fair manner owing to the reign of terror allegedly let loose by Shahabuddin.

However, senior counsel Shekhar Naphade, appearing for the RJD leader, told the court that Shahabuddin cannot be transferred out of Siwan as there is no statutory or constitutional provision to shift an accused from one jail to another. Such a transfer, he said, violates a prisoner's right guaranteed under Article 21 (right to life and liberty).

However, senior counsel Shanti Bhushan, appearing for Prasad, and additional solicitor-general P.S. Narasimha, arguing on behalf of the Centre, told the bench of Justice Dipak Misra and Justice Amitava Roy that the apex court was empowered under Article 142 to pass any direction or interest to render complete justice to an aggrieved party.

The court, after conclusion of the arguments spread over 10 days, said it was reserving the judgment. The judgment would now be passed in a few days.

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