The Supreme Court on Wednesday laid down a Standard Operating Procedure (SOP) to provide guidance to High Courts nationwide regarding the summoning of government officials for personal appearances in the courts.
The apex court emphasized that courts should refrain from making derogatory remarks about the appearance or attire of government officers, unless there is a violation of the dress code.
Stating that the personal presence of officers may be necessary in proceedings such as evidence and summary cases, the Supreme Court noted that if issues can be resolved through affidavits, then such personal presence may not be required. It further emphasized that officers should not be compelled to stand throughout the entire proceeding unless deemed necessary.
The Supreme Court, in its directive, highlighted that when summoning government officials, advance notice must be provided to allow for adequate preparation. The primary option for their appearance should be through video conferencing, according to the court.
In August 2023, the apex court had announced its intention to establish guidelines for courts regarding the summoning of government officers in pending cases.
The recent verdict came in response to an appeal against a decision by the Allahabad High Court, which had summoned two Uttar Pradesh government officers. The officers were taken into custody for non-compliance with the court’s directions.
Earlier, the Supreme Court had temporarily stayed the operation of the High Court’s orders. The High Court had taken two officers into custody who were present in the court, and it had also issued bailable warrants to the Chief Secretary of Uttar Pradesh, Lucknow, and Prashant Trivedi, Additional Chief Secretary (Finance).
The High Court was addressing a plea from the Association of Retired Supreme Court and High Court Judges. It had observed that the matter concerning the provision of domestic help and other facilities to former Chief Justices and Judges of the High Court had been continuously delayed on various pretexts.
