Case Title: Dr. S. Jaitley & Anr. v. State (NCT of Delhi)
Date of Decision: September 1, 2023
Case Number: W.P.(CRL) 2098/2023 & CRL.M.A. 19540/2023
Coram: Hon’ble Ms. Justice Swarana Kanta Sharma
Factual Background
- The petitioner no.1, a 75-year-old individual, is accused in a case registered under Sections 376/506 of the Indian Penal Code (IPC) pending trial before the Court of learned Additional Sessions Judge, Central, Tis Hazari Courts, Delhi.
- An order dated 08.06.2023 was passed by the learned District Judge, directing petitioner no. 1 to attend the trial proceedings either physically or virtually based on his health conditions, and to furnish a proper medical certificate when appearing virtually.
Submissions of the Parties
- Petitioners: The petitioners argued that the impugned order violated their rights and was contrary to the Court’s policies and regulations on virtual appearances. They claimed that it was impractical for petitioner no. 1, given his age and health, to appear physically on every hearing date.
- Complainant: The complainant argued that the petition was filed to delay proceedings and that petitioner no. 1 was not suffering from health issues.
Issue
Whether petitioner no. 1, facing trial for an offense under Section 376 of IPC, should be allowed to appear virtually, and whether the conditions imposed for virtual appearances are maintainable in law.
Law on Presence of an Accused Facing Trial
The court discussed the fundamental principle that a trial should take place in the presence of the accused, as enshrined in Section 273 of the Code of Criminal Procedure, 1973 (Cr.P.C). However, the law also grants courts the discretion to exempt the accused from personal appearance under Sections 205 and 317 of Cr.P.C.
The court cited precedent cases such as Bhaskar Industries Ltd. v. Bhiwani Denim & Apparels Ltd. (2001) 7 SCC 401 and Puneet Dalmia v. CBI (2020) 12 SCC 695 to emphasize that courts should exercise discretion based on the facts and circumstances of each case
Virtual Hearings: Court Policies & Guidelines
The court highlighted its own office order dated June 5, 2023, which allowed individuals to appear through virtual mode without the need for prior requests. The order directed district courts to permit parties and their counsels to appear virtually during court proceedings, with specific exceptions.
Decision of the Court
- The Court emphasized the importance of a fair trial and the presence of the accused but acknowledged the need to balance this with factors like age and health.
- The Court referred to Court policies allowing virtual appearances and clarified that petitioner no. 1 was not seeking total exemption from personal appearance.
- The impugned order was set aside, and the Court directed that petitioner no. 1 could appear virtually with certain conditions, and the physical presence would be required only when deemed essential by the Court.
- The Court also noted that petitioner no. 1 need not furnish a medical certificate on every virtual appearance.
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Written by – Ananya Chaudhary
