2006 (3) TMI 729 - SC - Indian Laws

Supreme Court orders re-trial in Bombay High Court due to witness intimidation, emphasizes witness protection

Zahira Habibullah Sheikh & Anr Versus State of Gujarat & Ors

The Supreme Court directed a re-trial under the jurisdiction of the Bombay High Court due to witness intimidation and the absence of a fair trial ... Whether Ms. Zahira Habibullah Sheikh was in any manner induced to depose in a particular way, has been directed to be enquired into? Whether Zahira is to be sentenced to undergo simple imprisonment? Issues Involved:1. Fair trial and witness intimidation2. Additional evidence acceptance3. Inquiry into witness coercion and inducement4. Contempt of court by witness5. Role of state and officials in witness protection and intimidation6. Consequences of conflicting statements by witness7. Fair trial principles and witness protectionIssue-Wise Detailed Analysis:1. Fair Trial and Witness Intimidation:The appeals filed by Zahira and the State of Gujarat centered on the absence of an atmosphere conducive to a fair trial. Zahira, a key witness, claimed she was intimidated and coerced to give false statements. The trial court acquitted the accused based on these statements. The Supreme Court directed a re-trial under the jurisdiction of the Bombay High Court, emphasizing the need for a fair trial and proper investigation.2. Additional Evidence Acceptance:An application under Section 391 of the Code of Criminal Procedure was filed before the Gujarat High Court to accept additional evidence based on Zahira's statements. The High Court rejected the application, leading to the appeals in the Supreme Court. The Supreme Court's previous judgment directed further investigation under Section 173(8) of the Code.3. Inquiry into Witness Coercion and Inducement:The Supreme Court ordered an inquiry to determine the truthfulness of Zahira's statements and whether she was coerced or induced to make them. The Registrar General of the Supreme Court, with the assistance of a police officer, conducted the inquiry. Zahira and her family were asked to provide details of their assets and sources of income.4. Contempt of Court by Witness:The inquiry revealed that Zahira had changed her stands at different stages and could not explain her assets. The Supreme Court found that money played a role in her changing statements, indicating contempt of court. Zahira was sentenced to one year of simple imprisonment and fined Rs. 50,000, with additional imprisonment in case of default.5. Role of State and Officials in Witness Protection and Intimidation:The inquiry highlighted the involvement of state officials in facilitating Zahira's press conference and providing her with support, raising concerns about their impartiality. The Supreme Court criticized the state's role and directed the Income Tax Authorities to investigate the sources of Zahira's assets and expenses.6. Consequences of Conflicting Statements by Witness:Zahira's conflicting statements and the inability to explain her assets led to serious questions about her credibility. The Supreme Court emphasized the need for witnesses to be truthful and the importance of protecting witnesses from intimidation and inducement to ensure a fair trial.7. Fair Trial Principles and Witness Protection:The judgment underscored the principles of a fair trial, including the need for impartial judges, fair prosecutors, and a judicial atmosphere free from bias or prejudice. The Supreme Court highlighted the importance of protecting witnesses to ensure that the truth is presented in court and justice is served. The court also emphasized the need for legislative measures to prevent tampering with witnesses and ensure fair trials.Conclusion:The Supreme Court's judgment addressed multiple issues related to fair trial, witness protection, and the role of state officials in ensuring justice. The court's directions aimed to uphold the integrity of the judicial process and ensure that witnesses can testify without fear or coercion.