Summary
In the Amit Jethwa murder prosecution,105 of195 witnesses turned hostile amid documented intimidation complaints supported by CBI affidavits. The Court upheld exceptional intervention to secure a fair trial, but replaced a complete retrial with fresh examination of26 specified witnesses. It temporarily cancelled Solanki’s bail and set aside the direction for administrative action against the trial judge.
Issues
- Whether constitutional jurisdiction could secure a retrial before the trial court’s judgment.
- Whether the whole trial or only essential witnesses should be repeated.
- What bail safeguards and treatment of adverse judicial remarks were appropriate.
Held
- Although retrial ordinarily follows appellate review under Section386CrPC, constitutional courts may intervene in exceptional cases to prevent a travesty of justice. The cumulative intimidation material and widespread hostility justified intervention here; fair trial protects accused, victims and society. Guilt still requires proof beyond reasonable doubt. (¶ 29–39)
- Repeating all195 depositions was unnecessary. Only26 witnesses identified by CBI—eight eyewitnesses,15 circumstantial witnesses and three panch witnesses—were to be examined afresh, retaining the other recorded evidence. (¶¶ 40–41, 45)
- Judges must actively safeguard a fair trial, but failure to act sufficiently did not justify extreme condemnation without cogent evidence. The direction to examine administrative action against the presiding judge was set aside; he had already been transferred in routine course. (¶ 42–45)
- Solanki’s bail was cancelled temporarily, with custody until all eight eyewitnesses completed examination-in-chief and cross-examination. He would then regain bail on the earlier terms, with an added exclusion from Gujarat until remaining evidence was completed, except court-hearing appearances. The trial court could impose further conditions and should proceed daily and expeditiously. (¶ 46–48)
Result
Appeals and applications disposed of: full retrial narrowed to26 witnesses; administrative-action direction against the judge set aside; Solanki’s bail temporarily cancelled until eight eyewitnesses completed evidence, followed by conditional release.