Kerala HC Permits Temporary Relocation Of Courtroom To Accommodate Senior Advocate B. Raman Pillai Representing MLA Mani C. Kappan In Cheating Case

The Court was hearing a Writ Petition preferred by MLA Mani C. Kappan who is the sole accused in a criminal case, which is pending before the Special Additional Chief Judicial Magistrate Court. The case stems from a private complaint preferred by the 5th respondent alleging offences under Sections 406, 417, 418, 420 and 423 of the Indian Penal Code.

The bench of Justice C. Jayachandran observed, “this Court is inclined to allow the limited prayer, as made before this Court by the learned counsel for the petitioner.”

Advocate S. Rajeev appeared for the Appellant and SPP Rekha S. appeared for the Respondent.

Brief Facts-

In the present Writ Petition, an arrangement was sought for Senior Counsel Sri. B. Raman Pillai who is representing the petitioner Mani C. Kappan, to conduct proceedings in a Courtroom with lift access. It was stated that the Special Additional Chief Judicial Magistrate Court is located on the first floor which necessitates the use of stairs, which the Senior Counsel is unable to use due to health issues. The petition requested the Court's relocation to the ground-floor Courtroom to facilitate the cross-examination of a witness.

The Court clarified that the facility 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 and observed, “the arrangement sought to be made is not something usual, and in deviation to the recognised practice and procedure.”

The Court observed, “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.”

Accordingly, the Court allowed the Writ Petition.