MY KOLKATA EDUGRAPH
ADVERTISEMENT
Regular-article-logo Sunday, 27 April 2025

Bihar to Tihar: don shift order

The Supreme Court today directed the transfer of gangster-turned-RJD leader Mohammad Shahabuddin from a prison in Siwan to the national capital's Tihar Jail within a week and conduct of trial in 45 criminal cases through video-conferencing to ensure that witnesses depose without fear.

Our Legal Correspondent Published 15.02.17, 12:00 AM
Shahabuddin

New Delhi, Feb. 15: The Supreme Court today directed the transfer of gangster-turned-RJD leader Mohammad Shahabuddin from a prison in Siwan to the national capital's Tihar Jail within a week and conduct of trial in 45 criminal cases through video-conferencing to ensure that witnesses depose without fear.

The bench of Justice Dipak Misra and Justice Amitava Roy passed the directions while allowing two separate petitions filed by Asha Ranjan, widow of journalist Rajdeo Ranjan who was shot dead in Siwan last year, and Chandrakeshwar Prasad, whose three sons were killed allegedly at the behest of Shahabuddin.

"It would be a travesty if we ignore the assertion that if the respondent No. 3 (Shahabuddin) is not shifted from Siwan Jail and the trial is held at Siwan, justice, which is necessitous to be done in accordance with law, will suffer an unprecedented set back and the petitioners would remain in a constant state of fear that shall melt their bones. This would imply balancing of rights.

"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 and such erosion is due to fear psychosis prevalent in the atmosphere of trial, is not to be countenanced as it is an unconscionable situation," Justice Misra, writing the judgment, said.

Petitioner Prasad, 68, said the apex court decision had rekindled hope for justice. "The decision has rekindled hope that justice will be done to us. We had and have full confidence in the judiciary," said Prasad, two of whose sons were drenched in acid allegedly on Shahabuddin's orders in August 2004.

Another son, who was witness to his brothers' killings, was shot dead days before he was to depose in the case in June 2014.

Follow us on:
ADVERTISEMENT
ADVERTISEMENT