AFJAL ALI SHA @ ABJAL SHAUKAT SHA versus STATE OF WEST BENGAL & ORS

AFJAL ALI SHA @ ABJAL SHAUKAT SHA versus STATE OF WEST BENGAL & ORS

Petitioner has locus as a party interested; however, on the facts (large number of predominantly Bengali-speaking witnesses yet to be examined and active supervisory role of the High Court and Trial Court) there was no legal necessity to transfer the trial outside West Bengal; instead the Supreme Court transferred the trial from the Additional Sessions Judge, 3rd Court, Tamluk, Purba Medinipur to the Court of Chief Judge, City Sessions Court at Calcutta and issued specific directions (appointment of Special Public Prosecutor, witness security, transfer of accused in custody to Central Jail Calcutta, restriction on bail, weekly hearings and monitoring by Portfolio Judge) to ensure a fair...

Parties
Petitioner: Afjal Ali Sha @ Abjal Shaukat Sha; Respondent: State of West Bengal; Respondent / Accused: Respondent No. 2 (main accused)
Jurisdiction
India
Judgment Date
17 March 2023
Procedural Posture
Transfer Petition (criminal) / Disposed by the Supreme Court on March 17, 2023
Outcome
Transfer petition disposed of; criminal trial ST No.1 (03) of 2020 arising out of FIR No.495/2019 transferred to the Court of Chief Judge, City Sessions Court at Calcutta with directions
Legal Topics
Transfer of Trial, Fair Trial, Section 406 Cr PC, Section 321 Cr PC, Witness Protection
Criminal Procedure Constitutional Law Transfer of Trial Fair Trial Section 406 Cr PC Section 321 Cr PC Witness Protection

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 21 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Afjal Ali Sha @ Abjal Shaukat Sha

Petitioner

State of West Bengal

Respondent

Respondent No. 2 (main accused)

Respondent / Accused

Procedural Posture

Transfer Petition (criminal) / Disposed by the Supreme Court on March 17, 2023

Legal Issues

  1. 1 Whether the petitioner has locus to seek transfer under Section 406 CrPC
  2. 2 Whether there is a well-founded apprehension that a fair trial cannot be held in West Bengal warranting transfer under Section 406 CrPC
  3. 3 Whether actions under Section 321 CrPC and the State notification dated 26.02.2021 amounted to mala fide conduct affecting the prosecution

Ratio Decidendi

Petitioner has locus as a party interested; however, on the facts (large number of predominantly Bengali-speaking witnesses yet to be examined and active supervisory role of the High Court and Trial Court) there was no legal necessity to transfer the trial outside West Bengal; instead the Supreme Court transferred the trial from the Additional Sessions Judge, 3rd Court, Tamluk, Purba Medinipur to the Court of Chief Judge, City Sessions Court at Calcutta and issued specific directions (appointment of Special Public Prosecutor, witness security, transfer of accused in custody to Central Jail Calcutta, restriction on bail, weekly hearings and monitoring by Portfolio Judge) to ensure a fair...

Court Disposition

Transfer petition disposed of; criminal trial ST No.1 (03) of 2020 arising out of FIR No.495/2019 transferred to the Court of Chief Judge, City Sessions Court at Calcutta with directions

Orders

  • Criminal Trial bearing ST No.1 (03) of 2020 arising out of FIR No. 495/2019 registered at Police Station Panskura, District Purba Medinipur is ordered to be transferred from the Court of Additional Sessions Judge, 3rd Court, Tamluk, Purba Medinipur, West Bengal to the Court of Chief Judge, City Sessions Court at...
  • The trial shall be conducted by the Chief Judge, City Sessions Court and he shall not entrust the case to any other Additional Sessions Judge.