Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Transfer of Criminal Trial – Fair and Independent Trial |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Allowed |
Headnote | Transfer of Criminal Trial – Fair and Independent Trial – Petition pertaining to the mysterious death of uncle of the Chief Minister of Andhra Pradesh – Writ petition filed by the daughter and the wife of the deceased seeking transfer of trial and direction to the CBI for duly completing the investigation in time bound manner – Apprehension of petitioners that star witnesses/witnesses were having life threat perceptions and that some of the witnesses were already influenced and that justice will not be done and/or there shall not be a fair trial – Held: Justice is not only to be done but the justice is seen to have been done also – Free and fair trial is sine qua non of Art.21 of the Constitution – CBI/investigating agency stopped further investigation due to apprehension of harassment and filing of frivolous/false complaint – There was a reasonable apprehension that there shall not be any fair investigation so far as the further investigation on larger conspiracy and destruction of evidence was concerned – One of the key witnesses initially volunteered to give his statement, thereafter he did not turn up to get his statement recorded and thereafter he died under mysterious circumstance – Petitioners being daughter and wife of the deceased have a fundamental right to get justice as victim – This is a fit case to transfer the trial and further investigation on larger conspiracy and destruction of evidence to the State other than the State of Andhra Pradesh – Trial ordered to be transferred to the CBI Special Court, Hyderabad – Constitution of India – Arts. 21 and 32. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2022 INSC 1238 |
Petitioner | Suneetha Narreddy & Another |
Respondent | The Central Bureau Of Investigation And Others |
SCR | [2022] 8 S.C.R. 745 |
Judgement Date | 2022-11-29 |
Case Number | 169 |
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