VidhiSangh

Supreme Court of India · 30/01/2023

SUNIL SAINI & ORS. versus THE STATE OF HARYANA & ORS.

[2023] 1 S.C.R. 1105 · 2023 INSC 715

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Summary

Victims of arson and violence during the 2016 Jat reservation agitation in Haryana sought transfer of the resulting murder and dacoity trial from Jhajjar to Delhi. They alleged that an influential advocate had caused witnesses to turn hostile and that the prosecution was not acting fairly. The Supreme Court declined transfer because 42 witnesses had already been examined. It also refused to replace the recently appointed Special Public Prosecutor, given his record. It stressed that protecting life and property is the State's elementary function and that the prosecutor must fearlessly ensure the guilty do not escape. Complaints about the prosecutor may go to the Director of Prosecution, and requests for protection under the 2018 Witness Protection Scheme to the judge, prosecutor or Superintendent of Police.

Issues

  1. Whether a Sessions trial arising out of violence during the 2016 Jat agitation should be transferred out of Haryana under Section 406 CrPC, or another Special Public Prosecutor appointed, on allegations of influence over witnesses and an unfair prosecution.

Provisions considered

Held

Result

Transfer Petition (Criminal) No. 125 of 2019 disposed of without transferring S.C. No. 285 of 2016 pending before the Additional Sessions Judge, Jhajjar; the petitioners left free to approach the Director of Prosecution regarding the Special Public Prosecutor and the presiding judge, Special Public Prosecutor or Superintendent of Police for witness protection.

Judgment PDF: Supreme Court of India, [2023] 1 S.C.R. 1105.