Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 142 and 144 - Power under - Issuance of direction Arts. 32 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12 Referred Case 13 Referred Case 14 Referred Case 15 Referred Case 16 Referred Case 17 Referred Case 18 Referred Case 19 Referred Case 20 Referred Case 21 Referred Case 22 Referred Case 23 Referred Case 24 Referred Case 25 Referred Case 26 Referred Case 27 |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Disposed Off |
Headnote | Arts. 32, 142 and 144 - Power under - Issuance of direction to transfer accused from one State to another - Brutal murder of petitioner's husband (senior reporter) by group of persons. respondent no. 3 and 4 and other accused persons - Third respondent, a dreaded criminal-cum-politician. declared history- sheeter type 'A' (who is beyond reform) - Till today booked in 75 cases, out of which convicted in JO cases and facing trial in 45 cases - One such case relates to murder of the third son of the petitioner and other two are of attempt to murder Writ petition by petitioner seeking transfer of third respondent from Siwan Jail to Tihar Jail - Held: Section 3 does not create impediment on the part of the court to pass an order of transfer of on accused or a convict fiwn one jail in o State to another prison in another State because it creates a bar on the exercise of power on the executive only - Court in exercise of power u/Art. 142 cannot curtail fundamental rights of the citizens conferred under the Constitution and pass orders in violation of substantive provisions, yet when a case of the instant nature arises, it may issue appropriate directions so that criminal trial is conducted in accordance with law - It is the obligation and duty of this Court to ensure free and fair trial - Thus, State of Bihar directed to transfer the third respondent from Siwan Jail, District Siwan to Tihar Jail, Delhi, after giving prior intimation for his transfer in Delhi - Pending trials would be conducted by video conferencing - transfer of Prisoners Act, 1950 E F G - s.3.right of victim(s) and society at large - These factors would collectively allude and constitute Rule of Law-free and fair trial - When there is intra-conflict-with the interest of victim or collective/ interest of society in respect of the same fundamental right, it is the obligation of the constitutional courts to weigh the balance in certain circumstances, interest of the society as a whole, when it would promote and instill Rule of Law - Fair trial is not what the accused wants in the name of fair trial - Fair trial must soothe the ultimate justice, sought individually, but is subservient and would not prevail when fair trial requires transfer of criminal proceedings. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2017 INSC 150 |
Petitioner | Asha Ranjan |
Respondent | State Of Bihar & Ors. |
SCR | [2017] 1 S.C.R. 945 |
Judgement Date | 2016-02-15 |
Case Number | 132 |
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