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 Rajdev Ranjan who was shot dead 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.

"Such a hazard is not to be silently suffered because the 'Majesty of Justice' does not allow such kinds of complaints to survive," Justice Misra, writing the judgment, said.

Prasad, 68, said the apex court decision has rekindled hope for justice. "I have been waiting for the order of the court since morning. 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.

The apex court noted that Shahabuddin has already been declared a history-sheeter type "A" - that is, someone beyond reform.

Till today, he has been booked in 75 cases, of which he has been convicted in 10 and is facing trial in 45. In 20 cases he has been acquitted, while trial in five others is due for commencement.

"He is an influential person of the locality, for he has been a representative to the Legislative Assembly on two occasions and elected as a Member of Parliament four times. This is not a normal and usual case. It has to be dealt with in the aforesaid factual matrix. A history-sheeter has criminal antecedents and sometimes becomes a terror in society," Justice Misra said, while referring to the allegations that two sons of Prasad were drenched in acid and the third son who was a witness to the gruesome murders was also killed at the alleged instance of Shahabuddin.

Accordingly the court directed Shahabuddin's transfer and conduct of trial in all cases pending against him in Bihar through video-conferencing.

"Needless to say, that the authorities escorting the third respondent from Siwan Jail to Tihar Jail would strictly follow the rules applicable to the transit prisoners and no special privilege shall be extended. The transfer shall take place within a week hence. Thereafter, the trial in respect of pending trials shall be conducted by video conferencing by the concerned trial court. The competent authority in Tihar Jail and the competent authority of the State of Bihar shall make all essential arrangements so that the accused and the witnesses would be available for the purpose of trial through video conferencing," Justice Misra added.