Telangana HC Exempts Andhra Pradesh CM YS Jagan Reddy From Personal Appearance In Corruption Case Before CBI Court

In a relief to Andhra Pradesh Chief Minister YS Jagan Mohan Reddy, the Telangana High Court has exempted him from personal appearance before the Court in a series of corruption cases filed against him by the CBI in the year 2013.

However, he has been directed to appear before the Court on such dates of the hearing where the CBI court decides that his presence is required in accordance with subsection (2) of Section 205 of the CrPC.

With this, the bench of Chief Justice Ujjal Bhuyan set aside an order of the CBI Court passed in 2019 rejecting Jagan's plea seeking exemption from personal appearance.

The Court disagreed with the observation made by the Principal Special Judge, CBI Court, Hyderabad that in criminal proceedings trial should be conducted in presence of the accused, and therefore, Jagan's request for exemption from personal appearance should not be considered.

"...the principle that trial has to be conducted in presence of the accused is to ensure that the accused gets a fair trial; nothing is done behind the back of the accused. Provision seeking exemption from personal appearance is intended for the benefit of the accused. Those cannot be interpreted in a manner which causes hardship and prejudice to the accused," the High Court remarked as it allowed him to be represented by a vakalat-holding attorney.

The case in brief

In the year 2013, before the bifurcation of Andhra Pradesh, the CBI had registered a case against Jagan in connection with the alleged deeds of corruption leading to a sudden increase in his wealth. These proceedings are presently pending before the court of the Principal Special Judge for CBI Cases, Hyderabad.

After his election as the Chief Minister of Andhra Pradesh in the year 2019, he moved a petition before the CBI Court under Section 205 CrPC for dispensation of personal appearance stating that in view of his election as Chief Minister of the State, he was required to work round the clock.

He argued that attending Court on each date of hearing would adversely affect the administration; and further since he was holding the Office of Chief Minister, there was a mandatory security protocol to be followed which would disrupt or affect the appearance of other litigants and lawyers in the Court on the day petitioner attended, besides entailing significant financial burden on the State exchequer.

However, the Principal Special Judge, exercising his judicial discretion, dismissed Jagan's application filed under Section 205 CrPC in the year 2019.

Challenging that order before the High Court, S. Niranjan Reddy, Senior Counsel appearing for Jagan argued that the Court below had failed to consider the provision of Section 205 CrPC in the proper perspective as a petition under Section 205 CrPC can be filed at any stage of the proceeding and any number of times.

It was further argued that considering the responsibilities and the nature of duties discharged by Jagan, it was not at all just and appropriate to insist upon the personal attendance of the petitioner on each and every date of hearing of the case.

Lastly, it was contended that when other accused persons have been granted exemption from personal appearance, it was beyond comprehension as to why the Court below was insisting on the personal appearance of the petitioner on each and every date of hearing.

Case title - Y. S. Jagan Mohan Reddy, vs Central Bureau Of Investigation

Case Citation: 2022 LiveLaw (Tel) 84

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