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Rajdev Ranjan Murder: Md. Shahabuddin transferred to Tihar Jail; Trial to be conducted by video conferencing

Supreme Court: The Bench of Dipak Misra and Amitava Roy, JJ directed the State of Bihar to transfer M. Shahabuddin, from Siwan Jail, District Siwan to Tihar Jail, Delhi within a week. The said prder of the Court came after the counsel appearing in the matter relating to Journalist Rajdev Ranjan’s murder had argued that Md. Shahabuddin, who was spotted with one of the accused persons who was absconding after the crime, should be transferred from Siwan Jail to Tihar Jail as he has been successfully instrumental in committing the crime while in jail or while he is out from jail even for a minimum period of time. The pending trails against the accused are to take place via video conferencing.

Rejecting the argument that the accused has a right to be tried fairly under Article 21 and his right cannot be scuttled or corroded at the instance of the petitioners, the Court said that 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. The Court, hence, laid down the following principles regarding right to fair trial:

The transfer was sought as one Chandrakeshwar Prasad had preferred the writ petition under Article 32 of the Constitution of India that his two sons were abducted and murdered for which Md. Shahabuddin was convicted and sentenced to imprisonment for life and that the appeal against the said conviction and sentence is pending before the High Court. He also submitted that his third son was also done to death two days prior to giving evidence in court in respect of trial of his other two brothers. The counsel appearing for the petitioners had, on 24.10.2016, submitted that if such a history-sheeter is allowed to remain in the jail of Siwan Jail, the distress and the agony of the family of the petitioners would know no bound. [Asha Ranjan v. State of Bihar, 2016 SCC OnLine SC 988, decided on 15.02.2017]

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