The Jharkhand High Court has extended significant relief to Chief Minister Hemant Soren by allowing him exemption from personally appearing before the trial court in a case filed under Section 174 of the Indian Penal Code. The provision deals with the non-compliance of lawful summons and is categorised as a minor, summons-triable offence.
Justice Anil Kumar Choudhary, while hearing the plea, observed that given the limited severity of the charge and Soren’s responsibilities as the head of the State government, insisting on his continuous physical presence would serve little purpose. The bench noted that an accused in a minor offence can legally seek such exemption, and the court is empowered to permit representation through counsel.
The proceedings originated from a complaint filed by the Enforcement Directorate (ED), which accused Soren of ignoring multiple summons issued during the agency’s investigation into an alleged land scam. According to the ED, ten summons had been sent, yet Soren reportedly appeared only twice. The case was later transferred to the special MP/MLA court in Ranchi, which handles matters involving elected representatives.
In his petition, Soren argued that Section 174 carries a maximum sentence of one month and therefore qualifies as a minor offence. He submitted that his duties as Chief Minister make frequent court appearances impractical, and that legal representation through counsel should suffice for routine hearings. The ED, for its part, did not oppose the request for exemption, provided Soren attends the initial appearance for the execution of bail bonds and remains available if the court directs his presence for any essential purpose.
After reviewing the submissions, the High Court agreed with Soren’s position and overturned the lower court’s earlier refusal to grant exemption. The order was passed in a petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which has now replaced the CrPC for procedural matters. The court clarified that although Soren is exempt from regular appearances, he must comply whenever his presence is specifically required.
The exemption, while offering relief from repeated court visits, does not halt the criminal proceedings, which will continue through his legal counsel. The High Court’s order reinforces the principle that individuals facing minor offences — including public officials — may be spared from routine personal attendance without affecting the course of justice.
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