Court Allows One-Day Change of Courtroom for Cross-Examination Due to Counsel’s Health Concerns
The Kerala High Court has ordered the relocation of a trial in a cheating case involving Member of Legislative Assembly (MLA) Mani C Kappan to a different courtroom for the convenience of his counsel, Senior Advocate B Raman Pillai. The case, [Mani C Kappan v. State of Kerala & Ors.], was being heard in a courtroom located on the first floor of a building without an elevator, making it difficult for the ailing senior counsel to access.
Justice C Jayachandran issued the order, noting that the court had the authority under Article 227 of the Constitution to make administrative changes to ensure accessibility. The court emphasized that the change of venue was granted only for the cross-examination of a single witness and would be in effect for one day only.
The judgment clarified that the cross-examination of PW1 (Prosecution Witness 1) must be completed on the scheduled date of September 6, 2024, and no further extensions would be granted for the change of venue. If the cross-examination is not completed by that date, all remaining proceedings, including further cross-examination, will take place in the regular courtroom.
Kappan had requested the courtroom change due to his counsel’s inability to climb stairs. The request was opposed by the private complainant, who argued that it was a tactic to delay the trial, which has been ongoing since 2019. The complainant also contended that the refusal to conduct the cross-examination via video conference violated Article 530 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which allows for online trials. However, the court found that the petition did not imply an unwillingness to conduct the cross-examination online but rather a preference for physical proceedings to ensure effective questioning.
Given that the request was limited to the cross-examination of a single witness, the court deemed it appropriate to allow the temporary change of courtroom.
(With inputs from agency)
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