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Supreme Court Of India

(From : Gujarat)*

Hon'ble Judge(s): Doraiswamy Raju, Arijit Pasayat , JJ

(A) Constitution of India , Art.21— Criminal law and fair trial - Concept of qua human rights protection, explained - Witness threatened/forced to give false evidence - Not fair trial - Failure to hear material witnesses - Denial of fair trial - Protection of witnesses, a definite role to play by State. The principles of rule of law and due process are closely linked with human rights protection. Such rights can be protected effectively when a citizen has recourse to the Courts of law. It has to be unmistakably understood that a trial which is primarily aimed at ascertaining truth has to be fair to all concerned. There can be no analytical, all comprehensive or exhaustive definition of the concept of a fair trial, and it may have to be determined in seemingly infinite variety of actual situations with the ultimate object in mind viz. whether something that was done or said either before or at the trial deprived the quality of fairness to a degree where a miscarriage of justice has resulted. It will not be correct to say that it is only the accused who must be fairly dealw with. That would be turning Nelson's eyes to the needs of the society at large and the victims or their family members and relatives. Each one has an inbuilt right to be dealt with fairly in a criminal trial. Denial of a fair trial is as much injustice to the accused as is to the victim and....