The Supreme Court issued a Standard Operating Procedure (SOP) which is to be followed by High Courts while summoning government officials. The guidelines cautioned the courts against humiliating such officials or making unnecessary comments on their attire.
The bench comprising Chief Justice of India (CJI) DY Chandrachud, Justice JB Pardiwala and Justice Manoj Mishra stated that the SOP must be followed by all High Courts and emphasised that courts must steer clear from arbitrarily summoning government officials.
The apex court also acknowledged that the personal appearance of officials may be required for evidence in summary proceedings. Nonetheless, the court said that such officials may not be summoned if any issues cropping up can be stored by way of affidavits from the officials.
The Supreme Court also directed that an official cannot be summoned only because his or her view is different from the view of the court. It further clarified that the personal presence of officials may be required if there is suppression of facts.
Referring to the comments made on attire of officials, the Supreme Court also stressed that courts must refrain from doing so unless there is violation of the dress code of their own office. It underlined that government officers should not be made to stand during the entire proceedings unless needed or asked to.
It also added that courts must refrain from making remarks or observations to humiliate government officers. The top court also directed that advance notice must be given before summoning the officials for adequate preparation, adding that the first option for such appearance must be through video conference.
The Supreme Court had also underscored that frequently summoning government officials runs contrary to the scheme envisaged by the Constitution. Issuing the guidelines, the Supreme Court directed its registry to circulate the order among Registrars General of all High Courts for their information.
The apex court issued the SOP 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. Reportedly, 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.