Supreme Court of India · 2006-03-08
Zahira Habibullah Sheikh & Anr vs State Of Gujarat & Ors
- Citation / case number
- AIR 2006 SUPREME COURT 1367
- Court
- Supreme Court of India
- Petitioner
- Zahira Habibullah Sheikh & Anr
- Respondent
- State Of Gujarat & Ors
- Author
- Arijit Pasayat
- Bench
- Arijit Pasayat, H.K. Sema
Judgment text excerpt
The Supreme Court addressed the issue of witness intimidation and the right to a fair trial under Article 21 of the Constitution. The Court held that the absence of a conducive atmosphere for a fair trial warranted a retrial under the jurisdiction of the Bombay High Court, as per Section 391 of the Code of Criminal Procedure, 1973. The Court emphasized the need for a thorough re-investigation under Section 173(8) of the Code, directing the Gujarat Police to ensure urgency and sincerity in the investigation process.