New Delhi: The centre has proposed a standard operating procedure (SOP) for the appearance of government officials in their official capacity, in court proceedings or contempt proceedings involving the government.
The SOP said in exceptional circumstances wherein there is no option other than the concerned government official to be present in person in the court, due notice for an in-person appearance, giving sufficient time for such appearance, must be served in advance to such official. It urged the courts to refrain from making comments on the dress, physical appearance, educational and social background of the government official.
The Centre said this SOP would address issues related to the appearance of officials in government matters in courts and “this SOP aims to create a more congenial and conducive environment between Judiciary and Government with a view to improve the overall quality of compliance of Judicial orders by the Government, thereby minimizing scope for contempt of court”.
The Centre urged the courts to allow officials to appear through video conference and courts should practice necessary restrain while summoning government officials during hearing of cases (writs, PILs etc.) including contempt cases. “As per directions of the Supreme Court, the in-person appearance of government officials should be called for only in exceptional cases and not as a matter of routine”, it said.
The SOP said, “Howsoever, in exceptional cases too wherein in-person appearance of government official is still called for by the court, the court should allow as a first option, to appear before it through VC (video conference). The Invitation Link of VC for appearance and viewing, as the case may be, can be sent by the Registry to the given mobile no(s)/e-mail id(s) by SMS/email/WhatsApp of the concerned official at least one day before the scheduled hearing”.
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The five-page SOP said government officials are not officers of the court and there should be no objection to their appearing in a decent work dress unless such appearance is unprofessional or unbecoming of her/his position. With regard to contempt proceedings, the SOP said the judge should not, ideally, sit on contempt proceedings relating to their own orders.
The SOP said: “In case of matters before court involving public policy having wider implication not only for the Central Government but for the States and other stakeholders as well, it may be recommended to exercise caution to settle the point of law in rem before pronouncing the decision on the individual representation”.
The SOP was prepared by Solicitor General Tushar Mehta for consideration by the Supreme Court in a pending matter. It said in case an order has already been passed and the timeframe stated in the judicial order is requested to be revised on behalf of the government, the court may allow for a revised reasonable timeframe for compliance of such judicial orders and allow for hearing of such requests of modification.
“In case of matters being heard by the court involving issues that are within the exclusive domain of executive and the same can be resolved only through an executive/administration-related decision, then the court instead of taking up such matter for adjudication and/or call for appearance of government official related therewith, may refer the same to the executive for further necessary action”, it said.
