Don't Summon Govt Officials Arbitrarily or Comment on Their Appearance: SC to All Courts

However, the Supreme Court said, the physical presence of government officials may be required in cases where there has been a suppression of evidence.

The Wire Staff

However, the Supreme Court said, the physical presence of government officials may be required in cases where there has been a suppression of evidence.

don t summon govt officials arbitrarily or comment on their appearance sc to all courts

The Supreme Court of India. Photo: Pinakpani/Wikimedia Commons. CC BY-SA 4.0.

New Delhi: The Supreme Court on Wednesday (January 3) laid down rules to be followed by courts while summoning government officials. In the Standard Operating Procedures, the apex court said that judges should avoid humiliating such officials or making unnecessary comments on their attire, Bar and Bench reported.

The bench of Chief Justice of India D.Y. Chandrachud and Justices J.B. Pardiwala and Manoj Mishra also said that courts should avoid arbitrarily summoning officials, and officials should not be summoned if the issue can be sorted out through an affidavit instead of physical presence.

Officials also should not be summoned only because their view may be different from that of the court. However, the Supreme Court said, the physical presence of government officials may be required in cases where there has been a suppression of evidence.

Courts must also not comment of government officials' attire "unless there is violation of dress code of their own office", the Supreme Court stated.

The Supreme Court was hearing a petition filed by the Uttar Pradesh government against orders passed by Allahabad high court last year to summon two senior government officers. The court set aside the high court's orders, including one which had directed the arrest of two IAS officers.

"Compelling the State Government to mandatorily notify the Rules by the next date of hearing, in the First Impugned Order, virtually amounted to the High Court issuing a writ of mandamus to notify the Rules proposed by the Chief Justice. Such directions by the High Court are impermissible and contrary to the separation of powers envisaged by the Constitution. The High Court cannot direct the State Government to enact rules on a particular subject, by a writ of mandamus or otherwise," the apex court said on Wednesday, according to Bar and Bench.

This article went live on January fourth, two thousand twenty four, at twenty-three minutes past eleven in the morning.

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