SC To Pass Guidelines For Summoning Government Officials Across Country

The Supreme Court on Monday stated that it will lay down comprehensive guidelines to courts throughout the country for addressing the summoning of government and their officials.

The bench comprising Chief Justice DY Chandrachud, Justices JB Pardiwala, and Manoj Misra, emphasized the necessity for distinct procedures to deal with contempt proceedings arising from non-compliance with final judgments and interim orders in pending cases.

The bench stated that the submission of officials’ affidavits might serve, in instances of contempt arising from the failure to comply with court directives, the presence of the government officials may be necessary.

It stated, “We will lay down some guidelines for summoning of government officers. There must be a bifurcation of matters pending and the ones in which adjudication is complete. For pending (cases), summoning officers is not needed but once adjudication is complete then contempt steps in.”

The proceedings pertained to a case where the Allahabad High Court summoned two government officials for contempt of court.

Previously, on April 20, the Supreme Court ordered the immediate release of two secretaries from the Uttar Pradesh finance department. These officials had been taken into custody based on the orders of the Allahabad High Court in a contempt case.

The matter was mentioned for an urgent hearing then by Additional Solicitor General KM Nataraj, appearing for the UP government.

Nataraj pointed out that an “unprecedented order” had been issued by the high court, resulting in the detention of the finance secretary and special secretary (finance) in a contempt case involving provisions for retired high court judges.
Furthermore, the high court had issued bailable warrants to the state’s chief secretary in connection with the matter.

Previously, On April 4 the Allahabad High Court, ruled that the officers present in court, namely Shahid Manzar Abbas Rizvi, Secretary (Finance) of Uttar Pradesh, and Sarayu Prasad Mishra, Special Secretary (Finance), should be taken into custody and subsequently produced before the court to face charges.