Right
to appear in person
Sir,
This is in
reference to a write up appeared in your
esteem paper dated 12th October 13, 2003
entitled "Petitioner has right to
appear in person" I wish to add few
lines for the members of the society who
wish to plead their cases themselves in
the court of law or in the other related
forums.
Principles
of natural justice make the base of the
pyramid of every civil and criminal
pleadings, Natural justice is a vast
subject which gives statutory right to
every citizen to plead a case himself not
only in subordinate courts and High Court
but also in the supreme court of the
country. Indian constitution provides
greater Safeguards for its Citizens than
under the law prevailing earlier.
Fundamental rights guaranteed under
articles 14 to 31 of Indian constitution
provides greater safeguards for its
citizens irrespective to Religion, Caste,
Race and Sex.
Under
criminal proceeding courses open to an
aggrieved person under sections 200-203
of Cr. P. C are either to report the
matter to the police or to file a
complaint directly in the court of law to
a Magistrate. In the former case
Police will investigate the offence and
after completion of investigations report
will be sent to the magistrate by the
police for decision while in the latter
case the Magistrate takes the cognizance
of the offence on complaint of the
aggrieved person. Here it is pertinent to
mention, if the complaint in writing has
been made to a magistrate not competent
to take cognizance of the case, he shall
return the complaint for presentation to
the proper court with an endorsement to
that effect. For the knowledge of the
persons who intends to plead their case
themselves without the assistance of any
advocate----Every offence ordinary be
enquired into and tried by a court within
whose local jurisdiction it was
committed. For example:- where a women
kidnapped from one place is raped upon at
a different place, the offence of
kidnapping & rape shall be tried
under sec 161 and 376 RPC/IPC separately
by courts within whose jurisdiction the
acts are committed. If a person opt to
lodge complaint/FIR to the police he can
demand the copy of the FIR and the police
is duty bound under law to given him
forthwith a copy of FIR so recorded under
section 154 (2) of CR. P.C If police
refuses to record complaint/FIR it is
penal legally under 217 RPC and
punishable departmentally under rules
334/359 of J&K Police Manual.
Similarly
accused persons have also right to appear
in person to defend themselves and plead
their cases without any assistance of any
advocate. In this regard, if the
proceedings have been initiated in the
court of law on a police report. The
accused persons are entitled to get the
copies of the record for preparing of
defence. The magistrate is duty bound
under law to provide without delay to the
accused free of cost, the copy of each of
the following:- the police report/FIR
recorded under sec 154 Cr. P.C/Copies of
the statements recorded under Sec 161 (3)
whom the prosecution proposes to examine
its witnesses/the confession &
statement recorded u/s 164 Cr. P.C/all
other documents forwarded to the
magistrate with police report under sec
173 (5). Cr. P.C.
In civil
cases the accused person is entitled to
get the copy of the petition and other
document presented by the petitioner in
support of his petition under sec 27,
Order 5 Rules (1-2) of the CPC without
any assistance of any advocate etc.
Similarly
in the departmental enquiries against
Govt. servants the delinquent officials
are entitled to get the copies of the
documents on the basis of which the
charges were framed against them. The
Hon'ble Supreme Court of India has
clearly held, "If a public servant
facing an enquiry was not supplied with
the copies of the documents on the basis
of which charges were framed against him,
it would amount to offend the principles
of natural justice." (1967 SLR page
759 SC)
The
fundamentals rights guaranteed under
Indian constitution are purely based on
the principles of natural justice and
ensures fairness and equality of
treatment in all matters including
pleading of individual and say in all
matters including in the courts of law as
an pure democratic set up.
Yours etc...
H S Broca
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