NEW DELHI: WITH rising instances of various HC orders summoning government officials to court or adjudicating contempt proceedings, the Central government recently submitted a draft Standard Operating Procedure (SOP) to be followed by the Supreme Court, high courts and lower courts regarding the appearance of officials in court.
The five-page draft SOP submitted by Solicitor General Tushar Mehta, which aims to create a more congenial and conducive environment between the judiciary and the government, suggests that the officials be called to court only in “exceptional cases” and not in a routine manner.
“Courts should practice necessary restraint while summoning government officials during a hearing of cases, including contempt cases. In exceptional circumstances, wherein there is no option other than the concerned government official need to be present in person, due notice for in-person appearance, giving sufficient time for such appearance, must be served in advance to such official,” the SOP said.
Even in exceptional cases, it suggested, the summoned government officials be granted an opportunity to first appear via video conferencing and that the court refrains from commenting on their dress, physical appearance, and educational or social backgrounds.
Regarding cases involving issues within the executive’s domain, which can be resolved only through an executive decision, the Centre suggested that courts refer the same to the executive for “further action” instead of “taking up such matters or calling for government officials related to the case.”
It further told courts to not initiate contempt proceedings in case a government counsel makes statements contrary to the government stand affirmed through its affidavit. “Judges should not ideally sit on contempt proceedings relating to their own orders,” the SOP further suggested.
Also in top court
Demolition drive near Krishna Janmasthan in Mathura stopped for 10 days
Residents of Nai Basti at Krishna Janmasthan in Mathura got a breather from Supreme Court, as a three-judge bench on Wednesday halted the ongoing railway demolition drive for a period of 10 days. Granting interim relief to residents of the area, a bench comprising Justices Aniruddha Bose, Sanjay Kumar and SVN Bhati, also sought responses within seven days from the Union and the general manager of Northern Central Railway, Agra.
The residents, in their plea, sought an injunction against the demolition. Senior Advocate Prashanto Sen apprised the bench that the demolition drive had commenced on August 9, 2023, against which an application for an interim stay was filed on August 10, 2023. He told the bench that even though the next court date was scheduled for August 14, the authorities took advantage of the court closure in UP and bulldozed over 100 houses. Only 70-80 houses out of 200 are left now, he said.