CrPC does not distinguish between ordinary citizens and persons holding superior religious or political positions: Kerala High Court

The Kerala High Court recently observed that the provisions of the Code of Criminal Procedure does not distinguish between ordinary citizens and persons holding superior positions in religious, political or social spheres [Cardinal Mar George Alencherry v Joshi Varghese & Ors.]. .Single-judge Ziyad Rahman AA further observed that 'equality before the law' applies equally when a citizens seek to enforce their rights and when they are proceeded against for violating the law."The provisions of CrPC does not distinguish between ordinary citizens and persons holding superior positions in their religious, political, social, or other institutions. Equality before the law, the laudable principle enshrined in Article 14 of the Constitution of India, is not confined in its application only in cases where one seeks to enforce his rights. It is equally applicable when a person is proceeded against for violating the law or for committing an offence, and no preferential treatment can be claimed by anyone for any reason whatsoever, unless the statute contemplates such privilege," the Court said..The Court made the observation while considering a batch of pleas moved by Cardinal Mar George Alencherry, the major archbishop of Syro-Malabar Church, seeking exemption from appearing before the trial court in cases registered against him in connection with the 2018 church land scam involving some illegal property transfers.The Court opined that the Cardinal's position as a religious head would not entitle him to any special privileges when he is brought before a court of law as an accused. "The statutory mandate is over and above all the superiority the accused possesses or claims to have, by virtue of his position. Irrespective of his position, he is just an accused before the court of law, who is not entitled to claim any special privilege and is required to face the proceedings just like any other citizen," the order stated. .[Church land scam] Inaction by State enabling land encroachment by mafia, religious institutions: Kerala High Court.There are a total of seven cases instituted against the Cardinal in connection with the scam alleging offences such as criminal breach of trust and criminal conspiracy.In all the cases, he was served with summons. He then submitted applications before the Magistrate trying his case, seeking exemption from personal appearance even at the first instance.When the applications were pending before the Magistrate, the Cardinal was directed to appear in person before orders were passed on the said applications. Consequently, the Cardinal approached the High Court seeking a direction to the Magistrate to consider the applications before he has to appear in person. .Upon scanning a host of precedents on the subject, the Court concluded that the Magistrate's discretion to grant an accused exemption from personal appearance even before the first appearance can be exercised only in rare cases. In the present case, the Court noted that there were no exceptional circumstances such as any physical ailments or long distance of travel that would restrict the Cardinal's ability to appear in person before the Magistrate.While dismissing the Cardinal's petitions, the Court made it clear that the observations made by it in the order are only about the prayer for exemption from the first appearance. "Once the petitioner appears and is released on bail on executing bonds, the applications submitted by the petitioner under Section 205 CrPC are to be considered without any delay, by taking into account the fact that the physical presence of the petitioner may not be required on all posting dates", the order stated..Senior Advocate P Vijayabahanu, assisted by advocate John Varghese, appeared for the petitioner.Advocate V Rajendran appeared for the first respondent/complainant and Public Prosecutor Vipin Narayan appeared for the State..[Read Order]