Accused can’t be made to stand in trial courts, says Madras High Court
Chennai: Can the accused and others summoned to courts be made to stand during trial? The Madras high court has said no. While directing the high court’s registrar general to look into the matter of providing seats for accused in trial courts, the first Bench comprising the Chief Justice Sanjay Kishan Kaul and Justice T.S. Sivagnanam said, “We find it difficult to accept that any court would deliberately make a woman or an expectant mother to stand in the court.”
The purpose is to record the testimony and not to cause pain or physical inconvenience. “We again see no reason why if there are benches vacant, even the accused who come to the court cannot be seated there”, the Bench said.The Bench passed the order on a PIL filed by A. Jaiganesh, secretary of Satta Panchayat Iyakkam who sought a direction to all judicial and quasi-judicial forums in Tamil Nadu to re-arrange their paraphernalia to treat victims, witnesses and suspects with dignity by offering them a seat.
The bench noted that the Supreme Court in Avatar Singh and others Vs State of Madhya Pradesh 1982, said: “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. We hope that all the high courts will take appropriate steps, 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.”
Citing the Supreme Court order the Bench said, “All the courts expected to follow the dictum laid down by the apex court. The issue will be looked into by registrar general of this court and if required necessary direction/office order can be issued.” The petitioner submitted that citizens, who were considered as accused and summoned by criminal courts, denied seat and forced to stand for hours in courts during trial.
He recalled an incident n the Chief Information Commissioner’s office where his friend Siva Elango was forced to stand. The CIC directed the police to arrest Siva Elango who refused to rise from the chair. He contended that victims, witnesses and suspects in criminal and civil trials were relegated to the far-end of the courthall and herded like cattle. He prayed the court to direct the authorities concerned to ensure that all judicial and quasi-judicial forums in the state to treat victims, witnesses and suspects with dignity.
