Thursday, 17 September 2015

Whether accused can be permitted to sit during court proceeding?

The learned counsel for the petitioner has drawn our attention to the judgment of the Apex Court in Avtar Singh and others v. State of Madhya Pradesh, AIR 1982 SC 1260 wherein while dismissing the SLP, the Court has made the following observations:-
2.One of the grounds on which the learned Sessions Judge is said to be biased against the accused is that he did not allow them to sit down during the trial. It is not right or proper that the accused were not provided with a sitting place during the trial which has gone on for the past seven months. We direct that the learned Sessions Judge will permit the accused to sit down during the trial. In fact, we are unable to understand how any Court in our country can at all insist that the accused shall keep on standing during the trial, particularly when the trial is long and arduous as in this case. We hope that all the High Courts in India will take appropriate steps, if they have not already done so, to provide in their respective Criminal Manuals prepared underSection 477(1) of the Criminal P.C. that the accused shall be permitted to sit down during the trial unless it becomes necessary for the accused to stand up for any specific purpose, as for example, for the purpose of identification. We need not add that the facility to be accorded to the accused for sitting down during the trial should not be construed as in derogation of the established convention of our Courts that everyone concerned should stand when the President Officer enters the Court. With these observations we dismiss the Special Leave Petition.
Madras High Court
A.Jaiganesh vs Tamil Nadu Thro' Its Chief ... on 1 July, 2015

W.P.No.19438 of 2015
Read full judgment here;click here
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