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India

Summoning of govt officials to court: SC lays down SOP

A three-judge bench of the Top Court said only in exceptional circumstances, courts must seek personal appearance of government officials. 

Suchitra Kalyan Mohanty

NEW DELHI: The Supreme Court on Wednesday issued a detailed Standard Operating Procedure (SOP) and guidelines for the personal appearance of government officials before the court. It also cautioned courts against humiliating such officials or making unnecessary comments on their attire.

A three-judge bench of the Top Court, headed by Chief Justice of India D Y Chandrachud and Justices J B Pardiwala and Manoj Misra said only in exceptional circumstances, courts must seek personal appearance but must give a video conferencing link to the officers 24 hours before as a first option.

"The court should not direct the presence of an official solely because the official's stance in the affidavit differs from the court's view. In such cases, if the matter can be resolved based on existing records, it should be decided on merits accordingly," the bench said.

The Apex Court issued the guidelines 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 govt officers.

The bench said all state High Courts should consider framing rules regarding the appearance of government officials in court, after taking into account its SOP. 
 

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