VidhiSangh

Supreme Court of India · 30/10/2017

DINUBHAI BOGHABHAI SOLANKI versus STATE OF GUJARAT & ORS.

[2017] 11 S.C.R. 979 · 2017 INSC 1063

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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

  1. Whether constitutional jurisdiction could secure a retrial before the trial court’s judgment.
  2. Whether the whole trial or only essential witnesses should be repeated.
  3. What bail safeguards and treatment of adverse judicial remarks were appropriate.

Held

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.

Judgment PDF: Supreme Court of India, [2017] 11 S.C.R. 979.