In Brief
In this landmark judgment, the Supreme Court directed the transfer of M. Shahabuddin, a history-sheeter and self-styled politician, from Siwan Jail in Bihar to Tihar Jail in Delhi. The petitioner, widow of a slain journalist, sought relief from the terror unleashed by Shahabuddin's influence in her locality. The Court held that the right to fair trial is not absolute and singular to the accused but encompasses the interests of victims and society. While transfer may affect an accused's rights under Article 21, when intra-conflict arises within the same fundamental right, courts must balance interests using the test of "paramount collective interest." The Court held that Section 3 of the Transfer of Prisoners Act, 1950 restricts only the executive, not the Court's constitutional power under Article 142 to ensure fair and free trial. The judgment permits trials by video conferencing and establishes principles for balancing competing fundamental rights in cases of exceptional gravity.
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