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IN THE HIGH COURT OF DELHI AT NEW DELHI
Swarana Kanta Sharma, J.
Anbumani Ramadoss (Dr.) - Appellant
Versus
Central Bureau of Investigation - Respondent
Cr.M.C. 2355 of 2022 & Cr.M.A. 9957 of 2022
Decided On : 20-12-2023
Criminal Procedure - Exemption from Personal Appearance - Cr.P.C. 273, 205, 317 - The court discussed the provisions of Cr.P.C. regarding exemption from personal appearance and the power of the court to grant exemption at any stage of the inquiry or trial. The court referred to the judgments of Bhaskar Industries Ltd. v. Bhiwani Denim & Apparels Ltd. and Puneet Dalmia v. CBI to highlight the factors to be considered while granting exemption and the precautions to be taken. The court also considered the policies and guidelines for virtual hearings issued by the High Court of Delhi and directed the petitioner to appear virtually through video-conferencing before the Trial Court with certain conditions.
Fact of the Case:
The case involved a petition under Section 482 of Cr.P.C. challenging the order passed by the Trial Court regarding exemption from personal appearance. The petitioner sought permission to appear virtually before the Trial Court due to being a permanent resident of Chennai, Tamil Nadu.
Finding of the Court:
The court found that allowing the petitioner to appear virtually would not compromise the integrity or fairness of the trial. The court set aside the impugned order and directed the petitioner to appear virtually through video-conferencing before the Trial Court with certain conditions.
Issues: The main issue was whether the petitioner should be granted exemption from physical appearance before the Trial Court and allowed to appear virtually.
Ratio Decidendi: The court applied the provisions of Cr.P.C. and referred to relevant case law and court policies for virtual hearings to reach its decision. The court considered the petitioner's permanent residence, family circumstances, and the nature of the case in deciding to allow virtual appearance with certain conditions.
Final Decision: The court directed the petitioner to appear virtually through video-conferencing before the Trial Court with certain conditions and set aside the impugned order.
JUDGMENT
Kanta Sharma, J. (Oral)
1. The instant petition under Section 482 of Code of Criminal Procedure, 1973 (`Cr.P.C.') has been filed on behalf of petitioner, assailing the order dated 25.04.2022 passed by learned Special Judge (PC Act) (CBI)-09, Rouse Avenue Courts, New Delhi, in CC No. 46/2019 titled as `CBI vs Dr. Anbumani Ramadoss & Ors.' arising out of RC-AC-2/2010(A)-003 registered for offences punishable under Sections 120B/420/465/468/471 of Indian Penal Code, 1860 (`IPC') and Section 13(2) read with Section 13(1)(d) of Prevention of Corruption Act, 1988 (`PC Act').
2. Brief facts of the case are that the present RC was registered by CBI on 12.06.2020, against the office bearers of Index Medical College, Hospital and Research Center, Indore, accused Dr. J.S. Dhupia (the then Consultant Professor & Head of Department, Pathology, Safdarjung Hospital), and accused Dr. D. K. Gupta (the then HoD, Hematology, Safdarjung Hospital), officers of Ministry of Health & Family Welfare, Government of India, New Delhi and other unknown persons. It was alleged in the FIR that unknown office bearers of Index Medical College Hospital & Research Centre, Indore, Dr. D. K. Gupta, Dr. J. S. Dhupia, unknown officers of Ministry of Health and Family Welfare and other unknown persons had entered into a criminal conspiracy, in pursuance of which undue pecuniary advantage gained by the Index Medical College Hospital and Research Centre, Indore owned by Dr. Suresh Singh Bhadoria in the form of grant of permission for admission of second batch of MBBS students for academic year 2008-09, ignoring the recommendation of Medical Council of India (MCI) to not to grant permission due to the deficiencies observed by MCI inspectors.
3. After conclusion of investigation, chargesheet was filed on 27.04.2012 against Dr. Ambumani Ramadoss (the then Union Minister for Health and Family Welfare), Dr. K.V.S. Rao (the then Director, Cabinet Secretariat), Sh. Sudershan Kumar (the then Section Officer, Ministry of Health and Family Welfare), Dr. J.S. Dhupia, (the then Consultant Professor & Head of Department, Pathology, Safdarjung Hospital), Dr. Dipendra Kumar Gupta (the then HoD Hematology, Safdarjung Hospital), Dr. Suresh Singh Bhadoria (private person, Chairman Index Medical College Hospital and Research Centre, Indore), Dr. S.K. Tongia (private person, Ex Dean, Index Medical College Hospital and Research Centre, Indore), Dr. K. K. Saxena (private person, Medical Superintendent, Index Medical College Hospital and Research Centre, Indore), Sh. Nitin Gothwal (private person) and Dr. Pawan Bhambani (private person). Charges were framed against accused no. 1, 2, 6, 9, and 10 vide order dated 07.10.2015 by the learned Special Judge, however, accused no. 3, 4, 5, 7 and 8 were discharged.
4. The order on charge dated 07.10.2015 was challenged by the accused no. 1, 2, 6, 9, and 10, as well as by the CBI against other five accused persons who had been discharged, and this Court, vide order dated 29.07.2019, had set aside the order on charge dated 07.10.2015 passed by the learned Special Judge, and had directed the learned Special Judge to hear the parties on merits afresh after duly supplying the copy of videography, of inspection carried out by MCI on 20.10.2008 which was subsequently seized by CBI, to all the accused persons. Thereafter, the Hon'ble Apex Court vide judgment/order dated 27.07.2022 had disposed off all the connected SLPs in relation to the present matter and had set-aside the order dated 29.07.2019 passed by this Court and remitted back all the matters to this Court for considering the matter afresh on merits and deciding it in accordance with law.
5. The challenge in this petition is, to the order dated 25.04.2022 passed by the learned Trial Court, wherein it was observed as under:
"...An application seeking exemption from personal appearance of A-1 has also been moved in this case as well as in connected case bearing CC No. CBI/48/2019 titled as CBI vs.
The main legal point established in the judgment is the court's discretion to grant exemption from personal appearance and allow virtual hearings, considering the provisions of Cr.P.C., relevant case....
The main legal point established in the judgment is the need to balance the rights of the accused with the practicalities of the legal process, especially in cases involving elderly accused individua....
The court has discretion to exempt an accused from personal appearance based on individual circumstances, particularly health and age, ensuring trial efficiency.
The main legal point established in the judgment is the discretion of the Court to exempt an accused from personal appearance at all stages of the proceedings, emphasizing the importance of safeguard....
Exemption from personal appearance – Discretion to dispense with personal appearance should be exercised in rare cases but still it would be allowed to those accused who could not come to court due t....
The discretion of the court to exempt an accused from personal appearance under Section 205 of the Cr.P.C, considering the nature of the case and the conduct of the accused.
Point of Law : Provisions requiring the presence of the accused which mandate that the trial be held in his presence are enacted for the benefit of the accused.
Magistrate may attendance of accused -Whenever a Magistrate issues may, if he sees reason so to with the personal attendance of the accused and permit him to appear by his pleader.
The court ruled that the exercise of judicial discretion under Section 205 of the Code of Criminal Procedure must consider the age and health of the petitioner when deciding on personal appearance ex....
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