In Brief
A journalist's widow sought transfer of a dreaded criminal-cum-politician (M. Shahabuddin) from Bihar jail to Delhi and video-conferenced trials, citing his reign of terror and influence over witnesses. Shahabuddin was involved in 75 cases (10 convictions, 45 pending, 20 acquittals) and declared 'beyond reform'. The Supreme Court held that fair trial under Article 21 encompasses victims' and society's interests, not just the accused's. When an intra-conflict arises within this fundamental right, courts must balance public interest and rule of law. Despite no statutory power in the Transfer of Prisoners Act, the Court exercised Article 142 powers to transfer him to Tihar Jail, Delhi, with trials conducted via video conferencing, finding the accused's criminal influence had rendered fair trial impossible in Siwan.
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