Orissa High Court clarifies personal appearance rules in SC/ST Act cases [Read Judgment]

Orissa: The Orissa High Court has issued an important ruling regarding the dispensation of personal attendance in cases under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, emphasizing that there is no absolute bar on exercising powers under Section 205 of the Criminal Procedure Code (CrPC).

Justice A.K. Mohapatra delivered the judgment while hearing an appeal challenging an order of the Special Judge (SC/ST), Balasore, which had rejected an application seeking exemption from personal appearance.

Orissa High Court Ruling: Exemption of Personal Appearance in SC/ST Act Cases Explained

The case involved appellants who are employees of TP Northern Odisha Distribution Ltd. (TPNODL), a public utility company responsible for electricity distribution. The appellants sought exemption from regular court appearances, citing their critical role in ensuring uninterrupted power supply.

The court observed that the trial court’s rejection order was “too harsh and not in conformity with the law.” Justice Mohapatra emphasized, “It is the settled position of law that the power conferred under Section 205 Cr.P.C. is a discretionary power, under which the trial court can exempt the personal appearance of the accused persons.”

Section 205 CrPC: High Court Highlights Key Relief for Accused in SC/ST Act Trials

Addressing the specific context of SC/ST Act cases, the court stated, “There exists no embargo on the exercise of power conferred by Section 205 Cr.P.C. in trials involving the S.C. & S.T. (PoA) Act.” The court noted that Section 205 CrPC was specifically incorporated to prevent unnecessary harassment of accused persons, particularly public servants.

The High Court modified the trial court’s order, directing that any future applications under Section 317 CrPC for dispensing with personal appearance should be “liberally considered” given the appellants’ role in public utility services, unless there is a compelling necessity for their presence.

Mr. Prasanta Kumar Tripathy appeared for the appellants, while Mr. M.R. Patra represented the State as Additional Standing Counsel.

Case Title: Anup Ghosh @ Aunp Kumar Ghose & Ors. V. State of Orissa

[Read Judgment]