In Brief
In this case, the Supreme Court transferred a trial involving the abduction, rape, and murder of an eight-year-old girl from Kathua to Pathankot, Punjab. Local Bar Association obstruction and community tensions had created an atmosphere making fair trial impossible. The Court held that 'fair trial' is sacrosanct under Article 21 and must benefit both accused and victims equally. Fear and fair trial cannot coexist. The Court balanced accused rights against victim and witness safety, directing case transfer, in-camera proceedings, day-to-day sittings, continuous witness examination, and special protection for the juvenile accused and witnesses to ensure justice free from local intimidation."
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