Kerala High Court Permits Temporary Shifting Of Courtroom To Accommodate Sr Advocate Raman Pillai Appearing For MLA Mani C Kappan In Cheating Case

MLA Kappan has approached the High Court seeking permission to allow the trial to be held in a courtroom with lift facility for the convenience of his counsel, Senior Advocate Raman Pillai, rather than on the 1^st floor which has no lift facility.

Justice B Jayachandran held that shifting of court premises is a matter within the administrative realm of the High Court under Article 227 of the Constitution.

“it is not an absolute rule that the premises cannot be shifted for any reason, whatsoever. It is a matter within the administrative realm of the High Court and this Court in exercise of its powers under Article 227 can give appropriate directions and instructions to the administrative side of the High Court.”

MLA Kappan, who represents the Pala constituency in Kerala, is the sole accused in case C.C.No.29/2023 currently pending before the Special Additional Chief Judicial Magistrate Court, Ernakulam. The offences alleged against him include criminal breach of trust and cheating under the IPC.

MLA Kappan submitted that Senior Advocate Raman Pillai was unable to climb to the 1^st floor to conduct the case due to his ailments. It was submitted that the trial be conducted in a room with a lift facility for cross-examining the prosecution witness.

The respondents submitted that a writ petition was not maintainable under Article 227 of the Constitution since there is no violation of fundamental rights. It was argued that the petitioner has preferred a request before the Magistrate and has not even moved a petition for consideration of the same. It was also submitted that the present writ petition was filed only to delay the court proceedings. It was stated that the Senior Advocate can avail facilities of video conferencing to cross-examine the witness as per Section 530 of the Bharatiya Nagarik Suraksha Sanhita, 2023. It was also stated that the court premise cannot be shifted to suit the convenience of the counsel for the accused.

The Court permitted the request of MLA Kappan to permit cross-examination of the witness this Friday (September 06, 2024), at the convenience of the Senior Counsel.

The Court clarified, “This Court will clarify that the facility being provided by this judgment by shifting the premises of the Court to suit the convenience of the learned Senior Counsel is only for a day, i.e., the 6th day of September, 2024, inasmuch as, the arrangement now sought to be made is not something usual, and in deviation to the recognised practice and procedure.”

The Court further added that it can invoke its jurisdiction under Article 227 based on a letter, instead of a petition if it is convinced of the genuineness of the request made.

The Court permitting the request of the MLA Kappan said, “In the circumstances, there will be a direction to the 4th respondent (Registrar, District Judiciary) to make suitable arrangements to conduct sitting of the Special Additional Chief Judicial Magistrate Court, Ernakulam in C.C.No.29/2023 in the premises of J.F.C.M-III, Ernakulam on 06.09.2024, solely for the purpose of cross-examination of PW1.”

The Court clarified that shifting of the court premises will only be limited for a single day and cannot be extended. It stated that further proceedings and cross examinations will be held in a regular courtroom. The Court further stated that the Registrar, District Judiciary will be responsible for ordering any further instructions or directions in this matter for smoothly conducting the proceedings.

Counsel for Petitioner: Advocates S.Rajeev, V.Vinay, M.S.Aneer, Sarath K.P., Prerith Philip Joseph, Anilkumar C.R., K.S.Kiran Krishnan

Counsel for Respondents: Senior Public Prosecutor Rekha S, Special Public Prosecutor Rajesh A, Advocates V.Sethunath, Aneesh James

Case Number: WP(CRL.) NO.917 OF 2024

Case Title: Mani C Kappan v State of Kerala

Citation: 2024 LiveLaw (Ker) 548