Zahira Habibullah Sheikh v. State of Gujarat
(2004) 4 SCC 158 · Supreme Court of India
The Best Bakery retrial was ordered because witnesses were intimidated and the trial had become a mockery of justice.
Unit III · Moot Courts, Observation of Trial, Pre-trial Preparations and Internship
Fair trial, protection of witnesses and court atmosphere
Study aid only. Confirm statute numbers with the current bare Act and the official OU LL.B. (3-YDC) 2024–25 syllabus PDF.
Criminal-observation checklist: charge or notice of accusation; presence of accused; examination of complainant and witnesses; cross-examination; demeanour notes; whether the accused was asked to explain incriminating circumstances.
Statute sections
| Act / instrument | Section | Name |
|---|---|---|
| Constitution of India | 21 | Fair, just and reasonable procedure |
| Bharatiya Nagarik Suraksha Sanhita, 2023 | 330–335 | Attendance, examination and protection-related trial process (compare CrPC 273–280) |
| Bharatiya Nagarik Suraksha Sanhita, 2023 | 346 | Evidence for prosecution |
Landmark cases
Zahira Habibullah Sheikh v. State of Gujarat
(2006) 3 SCC 374 · Supreme Court of India
Witness protection and a court that controls the process are conditions of a fair trial.
Hussainara Khatoon v. State of Bihar
(1980) 1 SCC 81 · Supreme Court of India
Undertrial prisoners cannot be warehoused without a speedy, legally aided trial.