The Supreme Court in a judgment on Friday said that the public officers should not be called to court unnecessarily. The dignity and majesty of the Court are not enhanced when an officer is called to court, it said.
The two-judge bench comprising of Justices Sanjay Kishan Kaul and Hemant Gupta pronounced the judgment while hearing an appeal, where the Allahabad High Court had summoned UP’s Secretary, Medical Health in the matter pertaining to the transfer of Surgeon from Uttarkashi, Uttarakhand to Badaun, Uttar Pradesh.
The Court elucidated, “Respect to the court has to be commanded and not demanded and the same is not enhanced by calling public officers. The presence of public officers comes at the cost of other official engagements demanding their attention. Sometimes, the officers even have to travel long distances.”
The Court further explained that the summoning of the officer is against the public interest as many important tasks entrusted to a public officer get delayed, creating an extra burden on the officer or delaying the decisions awaiting his opinion. The Court proceedings also take time, as there is no mechanism of fixed time hearing in Courts as of now. The Courts have the power of pen which is more effective than the presence of an officer in Court. If any particular issue arises for consideration before the Court and the Advocate representing the State is not able to answer, then the Apex court through its judgment advises the concerned judge to write such doubt in the order and give time to the State or its officers to respond.
Also Read: YouTuber Karl Rock’s wife moves Delhi High Court to quash his blacklisting, get him Indian visa
The bench also noted that the line of separation of powers between judiciary and executive is sought to be crossed by summoning the officers and in a way, putting pressure on them to pass an order as per the whims and fancies of the court.