Jharkhand High Court Grants Exemption to Chief Minister Hemant Soren from Personal Court Appearance

Court modifies order to allow representation through lawyer in minor offence case, citing official duties and nature of offence.

In a significant decision, the Jharkhand High Court, presided over by Justice Anil Kumar Choudhary, has granted exemption from personal court appearance to Chief Minister Hemant Soren in a case involving a minor offence. This decision comes in response to a Criminal Miscellaneous Petition filed by Soren under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to quash the previous order that required his personal appearance.

The case in question pertains to an offence punishable under Section 174 of the Indian Penal Code, which is classified as a minor offence with a maximum punishment of one month and is considered bailable. The court acknowledged the nature of the offence and the Chief Minister's extensive official responsibilities, deeming it unnecessary for him to appear in person for every court date.

The Directorate of Enforcement, representing the opposite party, did not object to the exemption, provided that Soren appears on the initial date to furnish his bail bond and remains available for personal appearance if specifically ordered by the trial court for unavoidable reasons.

During the proceedings, Soren's counsel informed the court of his willingness to appear before the Special Judicial Magistrate First Class (J.M.F.C.) MP/MLA Court, Ranchi on December 6, 2025, at 2:00 PM. The court, taking into account the Chief Minister's obligations and the minor nature of the offence, modified the previous order. It directed that Soren’s personal appearance is not required on future dates, provided he is represented by a duly instructed lawyer capable of effectively participating in the proceedings. However, the trial court retains the authority to order his personal appearance if deemed necessary for specific unavoidable purposes, either physically or via video conferencing.

This decision underscores the balance the judiciary seeks to maintain between legal obligations and the practicalities of governance, especially for individuals holding high public office. The court's order ensures that while the legal process continues, it does not unduly hinder the administrative functions of the state.

Bottom Line:

Exemption from personal appearance in minor offences - Held, personal appearance of the Hon'ble Chief Minister of Jharkhand in a case involving a minor offence punishable under Section 174 of the Indian Penal Code ca n be dispensed with, subject to representation through a duly instructed lawyer, unless the trial court specifically requires personal appearance for unavoidable purposes.

Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 528, Indian Penal Code Section 174

Hemant Soren v. Directorate of Enforcement, Govt. of India, (Jharkhand) : Law Finder Doc id # 2818235