·The Hindu·15 marks·250–350 wordsPolity

Examine the role of the Supreme Court in monitoring trials involving politically influential accused. Does such monitoring strengthen or strain the federal judicial hierarchy?

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In this answer
  1. Role of the SC in monitoring
  2. Strengthens the hierarchy
  3. Strains the hierarchy
  4. Way forward

When an accused has political influence, the fair-trial guarantee in Article 21 is under the most pressure. The Lakhimpur Kheri case shows this. Eight people, including four farmers, were killed in 2021, and the prime accused is a former Union Minister's son. The Supreme Court (SC) has supervised the trial closely, and in October 2026 it was told that the trial judge had been transferred [3]. Such monitoring is needed, but it should stay narrow.

Role of the SC in monitoring

  • Protecting victims' rights: In Jagjeet Singh v. Ashish Mishra (2022), the SC set aside the High Court's bail order and held that victims have a right to be heard at every stage [1].
  • Guarding witnesses: Interim bail barred the accused from staying in UP or Delhi. The SC warned that any attempt to influence witnesses would lead to cancellation of bail [2].
  • Pushing for speed: The SC asked the sessions judge how long the trial would take [2].
  • Last-resort correction: In Zahira Sheikh (2004), the SC moved a trial out of Gujarat when a fair trial was not possible there [5].

Strengthens the hierarchy

  • Shields trial courts from local political pressure.
  • Builds public trust that the law applies equally to the powerful.
  • Sets binding standards, such as victim participation, that all lower courts must follow [1].

Strains the hierarchy

  • Weakens the High Court's role: Under Article 235 the High Court controls the district judiciary [4]. When the SC supervises a trial directly, it bypasses that control.
  • Diverts the SC's time: The SC has repeatedly heard travel requests, including a Deepavali visit [3], while the trial is still running.
  • Unclear accountability: The judge's mid-trial transfer was defended only as "routine" [3]. When the SC monitors a trial but the HC controls the judge's posting, it is unclear who has to explain such decisions.

Way forward

  • The HC should record reasons for transferring judges in monitored trials.
  • The SC should ask for time-bound progress reports instead of handling day-to-day applications.
  • Courts should make active use of the Witness Protection Scheme, 2018.

Overall, SC monitoring strengthens the judicial hierarchy when it is used to correct failures and weakens it when it replaces the High Court's supervision. If the SC sets timelines while the High Court stays answerable for administration, cases with powerful accused can still get fair trials and the rule of law is upheld.

Sources

  1. 1Jagjeet Singh v. Ashish Mishra, Supreme Court judgment (18 April 2022)bail set aside; victims' right to be heard
  2. 2Supreme Court order in Ashish Mishra v. State of UP, SLP (Crl.) 7857/2022 (25 January 2023)interim bail with a bar on staying in UP/Delhi; warning on influencing witnesses; trial-duration estimate sought from the sessions judge
  3. 3"Trial judge in Lakhimpur Kheri case shifted, SC told", The Hindu (27 October 2026)judge's transfer; "routine" claim; Deepavali visit allowed
  4. 4Constitution of India, Article 235High Court control over subordinate courts
  5. 5Zahira Habibullah Sheikh v. State of Gujarat, Supreme Court (2004)retrial moved to Maharashtra; fair trial includes protecting witnesses
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