J&K HC Adopts SoP For Appearance Of Govt Officials In Court Proceedings

The Chief Justice of the High Court of Jammu and Kashmir and Ladakh, Justice Tashi Rabstan, has recently introduced a set of new guidelines, adopting Standard Operating Procedures (SOP) for government officials attending court proceedings.

These measures are aimed at improving the efficiency and professionalism of government official appearances in court.

Key Highlights

The new guidelines specify that government officials no longer need to stand throughout court hearings unless they are actively speaking. Additionally, the court is expected to refrain from making comments on the official’s appearance, educational background, or social standing. These measures are designed to streamline the process and maintain a more respectful atmosphere during proceedings.

Court’s Role In Shaping SOP

The introduction of the new SOP follows the Supreme Court’s earlier directive for all high courts to develop guidelines concerning the appearance and summons of government officials.

According to the Registrar General of the High Court, Shahzad Azeem, the Supreme Court had outlined that these procedures should be adopted within each jurisdiction. As a result, the Jammu and Kashmir and Ladakh High Court has now formalized its version of the SOP to comply with these national standards.

The SOP encourages government officials to first appear through video conferencing rather than attending in person. The court will send out the necessary links and details at least one day before the scheduled appearance. Physical attendance should only be required in exceptional cases where it is deemed absolutely necessary. If in-person appearance is mandated, the court is expected to provide adequate notice, explaining the reasons for the requirement. This approach ensures that officials are properly prepared to assist the court in resolving the matters at hand.

Courtroom Etiquette For Officials

A significant element of the SOP is the clarification on courtroom behavior. Officials are encouraged to sit during court sessions, with the exception being when they are responding to or making statements. Additionally, the SOP emphasizes that the court should remain professional, avoiding any comments on the appearance, educational background, or social standing of the officials. These measures are intended to create a respectful and dignified environment in the courtroom.

The SOP categorizes court proceedings into 3 main types: evidence-based adjudication, summary proceedings, and non-adversarial proceedings.

Evidence-Based Adjudication: These proceedings typically require the presence of a government official to provide testimony or present relevant documents.

Summary Proceedings: These rely on affidavits, documents, or reports, and are governed by the principles of natural justice.

Non-Adversarial Proceedings: In these cases, government officials may need to clarify complex policies or technical matters that law officers may not be able to address.

The SOP also stresses the need for flexibility in setting compliance deadlines, taking into account the complexities of government decision-making processes. Courts are advised to allow reasonable time extensions when necessary.

The SOP advises that physical presence should not be a routine requirement. If an official’s affidavit differs from the court’s view but does not involve withholding critical information, the matter should be resolved based on existing records. Officials should only be summoned if their presence is essential to clarify discrepancies or provide crucial information.

Contempt Proceedings

The SOP introduces a cautious approach when dealing with contempt proceedings. Instead of immediately directing the personal presence of an alleged contemnor, the court should issue a notice seeking an explanation. After reviewing the response, the court can decide on further actions. The SOP also suggests that if the original order lacks a compliance deadline, the court may grant an extension. In cases where a deadline is specified, the contemnor can request an extension or stay from the issuing court or an appellate court.

Conclusion

The introduction of the new SOP for government officials’ appearances in court aims to enhance the efficiency and professionalism of court proceedings. By providing clearer guidelines on video conferencing, courtroom behavior, and compliance deadlines, the High Court of Jammu and Kashmir and Ladakh seeks to ensure smoother and more respectful interactions between the court and government officials.

These guidelines are expected to improve the overall court process, balancing legal requirements with practical considerations.

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