Noting that courts should strike a balance between the rights of the victim and the accused, the Supreme Court wrapped up its hearing on pleas made by families of murder victims in Bihar’s Siwan to shift former RJD MP Mohammed Shahabuddin to a prison outside Bihar.
A Bench led by Justice Dipak Misra was hearing petitions of Chandrakeshwar Prasad, whose three sons were allegedly murdered by Shahabuddin’s henchmen, and Asha Ranjan, widow of slain Siwan-based journalist, Rajdev Ranjan.
Pappu Yadav case
“This petition has been filed to protect the society at large from this unlawful man. It is identical to Pappu Yadav’s case,” senior advocate Shanti Bhushan, appearing for Mr. Prasad, submitted.
To this, the Bench responded that it has to consider the rights of both the victims and the accused persons.
Article 21
“Article 21 of the Constitution is like a two-storeyed building which deals with rights of an accused as well as the rights of the victim,” the Bench observed.
Advocate Kislay Pandey, representing Asha Ranjan, informed the apex court that one more FIR has been lodged against the RJD leader for violation of the jail manual.
“A full-fledged photo shoot was organised inside the jail three-four days ago. One more FIR has been lodged against him for violation of the jail manual,” he said.
Senior advocate Shekhar Naphade, appearing for Shahabuddin, said there was not a shred of evidence to support the claims made against his client and transferring him to a prison outside the State would be a violation of his fundamental rights.
The court noted that Ms. Ranjan’s plea to direct the police to lodge an FIR against Bihar Health Minister Tej Pratap Yadav on the basis of media clips showing him with two men alleged to be sharpshooters implicated in her husband’s murder would be taken up separately.
