Accused in criminal cases cannot cite their old age and consequent inability to attend court proceedings frequently as a reason to seek transfer of trial from one district to another, the Madras High Court Bench here has ruled.
Justice P. Devadass passed the order while dismissing a petition filed by a retired government servant, Viswam, who sought transfer of trial in a corruption case against him from Sivaganga to Chennai since he found it difficult to travel all the way due to old age.
The petitioner’s counsel stated that his client was not interested in dragging the trial and that he was seeking transfer of the case only on account of the inconvenience faced by him in travelling around 1,000 km to attend court proceedings.
Agreeing that the aged petitioner would be facing some inconvenience in attending the court proceedings due to his age, the judge said: “We cannot transfer the case on account of the said inconvenience, because it does not appear to be a valid ground.”
In the same breath, he directed the trial court not to insist on petitioner’s presence unnecessarily. “He is an old man. But, the case is there. He has to face it,” he said.
Directing the trial court to consider liberally petitioner’s plea for dispensing with his appearance, Mr. Justice Devadass said: “Although the petitioner is involved in a corruption case, it is also a criminal case. When his presence is really not necessary for making progress in the case, why should we trouble him?
“Therefore, we are of the view that when the case is posted for ordinary hearing or even for examination of witnesses in the presence of his counsel, we need not trouble the accused. These considerations shall weigh in on the mind of the trial court when a petition is filed for dispensing with his personal appearance.”
