The Supreme Court on Wednesday issued a Standard Operating Procedure (SOP) to be followed by courts while summoning government officials and cautioned courts against humiliating such officials or making unnecessary comments on their attire.The bench of Chief Justice of India (CJI) DY Chandrachud, Justice JB Pardiwala and Justice Manoj Mishra said that the SOP must be followed by all High Courts and emphasised that courts must steer clear from arbitrarily summoning officials.The top court acknowledged that the personal appearance of officials may be required for evidence in summary proceedings. However, the Court said added that such officials may not be summoned if any issues cropping up can be sorted by way of affidavits from the officials.The Court also directed that an official cannot be summoned only because his or her view is different from the view of the court.However, the Court clarified that the personal presence of officials may be required if there is suppression of facts.In respect of the comments made on the attire of officials, the top court specifically emphasised the courts must refrain from doing so "unless there is violation of dress code of their own office."It added that government officers should not be made to stand during the entire proceedings unless needed or asked to.
"Court must refrain from making remarks or observations to humiliate such officers," said the Court further.For the future, the Supreme Court ordered that advance notice must be given before summoning the officials for adequate preparation.The first option for such appearance must be through video conference, the top court added.
The Court issued the guidelines while disposing of a plea filed by the Uttar Pradesh government against the orders passed by Allahabad High Court last year to summon two senior government officers.The High Court in one of the orders had also ordered the arrest of two senior IAS officers although they were released a day later after the Supreme Court's intervention.While setting aside the High Court's orders, the Supreme Court today opined that frequently summoning government officials runs contrary to the scheme envisaged by the Constitution.It made it clear that the High Court, which was hearing a plea concerning retiral benefits of judges, cannot browbeat the executive or take over its rule-making functions by judicial fiat of contempt proceedings.
"Compelling the State Government to mandatorily notify the Rules by the next date of hearing, in the First Impugned Order, virtually amounted to the High Court issuing a writ of mandamus to notify the Rules proposed by the Chief Justice. Such directions by the High Court are impermissible and contrary to the separation of powers envisaged by the Constitution. The High Court cannot direct the State Government to enact rules on a particular subject, by a writ of mandamus or otherwise."Having issued guidelines today on when government officials can be summoned by courts, the top court directed its registry to circulate the order among Registrars General of all High Courts for their information.Solicitor General Tushar Mehta and Additional Solicitor General KM Nataraj appeared for the Union government.Advocate Nishit Agrawal represented for the Association of Retired Supreme Court and High Court Judges at Allahabad. Advocate Preetika Dwivedi appeared for the High Court of Judicature at Allahabad on the administrative side.
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