Zahira Habibulla Sheikh v. State of Gujarat

Facts

• During the Gujarat riots (2002), 14 persons were killed in an attack on Best Bakery.
• Key prosecution witnesses (including Zahira, an eyewitness) turned hostile during trial.
• It was alleged that witnesses were threatened and intimidated into retracting their statements.
• All accused were acquitted by the trial court.
• Retrial ordered and transferred to Maharashtra.

Issues

1. Whether fair trial includes the right of witnesses to testify without fear.
2. Whether a trial is fair when key witnesses turn hostile due to intimidation.

Held

• Fair trial under Art. 21 is not just a right of the accused but also of the victim and witnesses.
• If witnesses are intimidated into turning hostile, the trial is vitiated.
• The court may order witness protection measures to ensure truthful testimony.
• When a fair trial is impossible due to local conditions, transfer is warranted.
• Retrial ordered with witness protection measures.

Ratio Decidendi

The quest for truth is the cornerstone of the justice system. If witnesses cannot testify truthfully due to fear, the truth-finding function of the trial fails. Fair trial encompasses both sides: the accused's right to confront witnesses and the witnesses' right to testify without intimidation. S.398 BNSS codifies witness protection as a court power.