Introduction:

The Calcutta High Court recently set aside an order from a Special Court under the Atrocity Act, calling for the personal appearance of former Visva Bharati University Vice-Chancellor, Professor Vidyut Chakraborty. The case involves charges under Section 500 of IPC (defamation) along with Sections of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act. The court directed the trial court to consider the petitioner’s application for exemption from personal appearance, emphasizing a fair and reasoned approach.

Arguments of Both Sides:

The petitioner filed an application under Section 205 of the CrPC seeking exemption from personal appearance, citing retirement, residing in Delhi, and health issues. The trial court insisted on personal appearance, keeping the 205 CrPC application pending. The state argued that the petitioner must appear before considering the exemption application. The petitioner contended that the trial court’s approach was arbitrary, considering the interim order against coercive action.

Court’s Judgement:

The Calcutta High Court set aside the trial court’s order, emphasizing a fair and reasoned exercise of discretion under Section 205 CrPC. It noted the petitioner’s granted interim order against coercive action and the absence of a bar on anticipatory bail under the SC/ST Act. The court directed the trial court to consider the exemption application within one month, requiring the petitioner to file an affidavit explaining real difficulties and ensuring a smooth trial without prejudice.