SC Orders Re-trial Outside Gujarat Over Concerns for Witness Protection and Fair Trial; Transfers Case to Bombay HC Jurisdiction.

The SC allowed the appeals, mandating a re-trial outside Gujarat due to concerns over witness protection, prosecutorial conduct, and investigative integrity. The SC ordered the transfer of the trial to a competent court under the Bombay HC's jurisdiction, acceptance of additional evidence, and ensured witness protection to preserve justice.

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Issues Involved:
1. Witness Protection and Credibility of Evidence
2. Conduct of the Public Prosecutor
3. Role of the Investigating Agency
4. Acceptance of Additional Evidence and Re-trial
5. Transfer of Trial Outside the State

Summary:

1. Witness Protection and Credibility of Evidence:
The case, known as the "Best Bakery Case," involved macabre killings due to communal frenzy. Zahira, an eye-witness, alleged that she was forced to depose falsely due to threats and coercion, raising significant issues regarding witness protection and the credibility of evidence before the Court.

2. Conduct of the Public Prosecutor:
The State of Gujarat raised concerns about the improper conduct of the trial by the public prosecutor. The prosecutor failed to protect key witnesses, did not request in-camera trials, and did not examine injured witnesses. The public prosecutor's actions were seen as biased and not befitting his position.

3. Role of the Investigating Agency:
The investigating agency's role was criticized as perfunctory and biased. The investigation was perceived as tainted, with allegations that it aimed to protect the accused rather than bring the culprits to justice. The investigation was found to be dishonest and faulty, which should have justified a re-trial.

4. Acceptance of Additional Evidence and Re-trial:
The High Court rejected the State's application for additional evidence u/s 391 and 311 of the Code of Criminal Procedure, 1973, and for a re-trial. The Supreme Court found that the High Court did not properly consider the application for additional evidence and failed to address serious lapses in the investigation and trial. The Supreme Court emphasized the need for a fair trial and the importance of discovering the truth, directing a re-trial and acceptance of additional evidence to ensure justice.

5. Transfer of Trial Outside the State:
Given the unhealthy atmosphere and subversion of the justice delivery system, the Supreme Court directed that the re-trial be conducted by a Court under the jurisdiction of the Bombay High Court. The Chief Justice of the Bombay High Court was requested to nominate a competent Court. The State of Gujarat was directed to ensure the transfer of all documents and records and to provide necessary protection to witnesses.

Conclusion:
The Supreme Court allowed the appeals, directing a re-trial outside the State of Gujarat, acceptance of additional evidence, and ensuring witness protection to uphold the integrity of the justice delivery system.

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