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march 2006

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.

Zahira Habibullah Sheikh & Anr vs State Of Gujarat & Ors · Niyam