‘He's not king of England’: HC slams TN minister for skipping criminal case hearing

‘Even Narasimha Rao showed up’

The remarks came when the minister’s counsel sought further exemption from appearing before the Puducherry criminal court in a 2022 case of alleged house trespass and assault on his brother and sister-in-law. The judge directed the minister’s side to inform the court by afternoon the exact date on which he would appear before the Puducherry court. Hearing on his petition to quash the police case was adjourned to the afternoon sitting.

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Justice Narayanan noted that even when PV Narasimha Rao was the prime minister of India, he had appeared before a court. “The petitioner is only the finance minister of a state,” the judge said.

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The court also asked why a person who had appeared in court before becoming a minister should now claim he would not appear after assuming office. The observation was a direct response to the plea that ministerial duties and other engagements are keeping him from appearing in the Puducherry trial court.

Wilson’s counsel submitted that the minister was proceeding on a ‘padayatra’ from Puducherry to the Velankanni Basilica, as the annual feast begins with flag hoisting and devotees from several Tamil Nadu districts are walking to the shrine. The judge did not accept that as a reason to avoid fixing a date for personal appearance.

The case

The case dates back to August 8, 2022. According to the complaint registered by Lawspet Police, Wilson and his father Nestor allegedly broke open the door of the minister’s brother, Marie Claude’s, house at Ezhil Nagar in Puducherry and assaulted Claude and his wife Caroline. The First Judicial Magistrate Court in Puducherry is seized of the matter. Offences invoked include Sections 448, 427, 324, 506(i) and 294(b) read with Section 34 of the Indian Penal Code for charges including house-trespass, mischief, hurt, criminal intimidation and use of abusive language, among others.

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The complainant later contended that the first FIR invoked only milder provisions. On court directions, police filed an additional charge sheet with more serious sections. The Puducherry court then insisted that the accused appear in person to receive the charge sheet. After repeated non-appearance citing official work, the magistrate ordered him to appear “without fail.” Wilson then moved the high court both to quash the case and to seek exemption from personal appearance.

Petition heard after mediation failed

Treating it as a family dispute, the high court had earlier sent the matter to its mediation centre. Several rounds of talks were held. When the quash petition came up again before Justice Lakshmi Narayanan, Caroline appeared in person. Her counsel told the court that the complainant had no desire to settle, and that she had gone to mediation earlier only because the court had directed it.

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Wilson’s side claimed that all issues except one had been resolved. The judge held that a party cannot be forced into mediation against her will. The request of the mediation centre to extend talks was rejected. The court said the quash petition must now be heard on merits.

Earlier exemption from appearance

On an earlier date, the court had granted Wilson exemption from appearing in Puducherry on August 21 due to Assembly work, and posted the quash petition to August 28, the hearing at which Friday’s strong observations were made.

The high court has asked Wilson’s counsel to specify by afternoon the date of his personal appearance before the Puducherry court. The petition to cancel the Lawspet Police case remains pending and was taken up later in the day.