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K.S. Kalinga Rayan @ Kalingaraju v. State Rep. by the Inspector of Police

Criminal Appeal · 2018 INSC 544Decided 18 May 2018
Criminal Appeal No. 787 of 2018
Justice Kurian Joseph · Justice Mohan M. Shantanagoudar

Background

The appellant had been convicted in a corruption case by the Special Court for Prevention of Corruption, Coimbatore, and had filed a criminal appeal before the Madras High Court. After repeated adjournments at his counsel's request, the High Court finally took up the appeal and decided it on merits even though no one appeared for the appellant that day, discussing the prosecution's evidence but not the defence evidence. The appellant then approached the Supreme Court, arguing he had been denied a fair opportunity to argue his case.

Decision Breakdown

The Supreme Court held that, in the interest of justice, the appellant deserved a chance to argue his case before the High Court, even though he could not blame the High Court for deciding the matter after he failed to appear on the last chance given. It set aside the High Court's judgment, allowed the appeal, and revived the original Criminal Appeal No. 805/2011 before the Madras High Court for a fresh hearing, directing the appellant to appear with counsel on 12 June 2018 and asking the High Court to dispose of it expeditiously. As a condition for this fresh opportunity, the appellant was ordered to pay Rs. 25,000 in costs to a government-run Deaf-and-Dumb School in Thanjavur, and the interim suspension of sentence originally granted at the admission stage was revived pending the fresh disposal.

Lesson Learnt

An appellate court deciding an appeal on merits in the complete absence of the appellant's side, even after genuine adjournments sought by the appellant's own counsel, can be reopened by a higher court if it risks an unfair, one-sided hearing; such relief, however, often comes with a costs condition rather than as an unconditional fresh chance.

Official source (sci.gov.in)View Judgment (PDF)

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