'As if Centre wants': SC on some parts of draft SOP on summoning of govt officials

A bench headed by Chief Justice of India D Y Chandrachud said that there must be a different set of standards, which should be followed when courts seek a personal presence of government officials in pending cases. Reports ETV Bharat's Sumit Saxena.

New Delhi: The Supreme Court Monday said it will lay down guidelines for courts to adhere to while summoning government officers to the courts, while considering government cases, and also pointed out that some parts of the Centre’s draft standard operating procedure, on judicial conduct in government cases, read as if Centre "wants how the judicial review should be".

A bench headed by Chief Justice of India D Y Chandrachud said that there must be a different set of standards, which should be followed when courts seek a personal presence of government officials in pending cases. The bench, also comprising justices JB Pardiwala and Manoj Misra, said it will lay down some guidelines for summoning government officers and there must be bifurcation of matters pending and the ones in which adjudication is complete.

The bench said for the pending cases, summoning officers is not required but once adjudication is complete then contempt steps in.

The Chief Justice told Solicitor General Tushar Mehta said he had gone through the draft SOP and there are some points which actually say how judicial review should be exercised. On the SOP, Mehta clarified that there was no intention by the government to modify the power of judicial review. Mehta stressed that the draft SOP only focuses on summoning senior government officials.

The apex court made it clear that it would restrict its order only to the aspect of the issue of summons to government officials and nothing else.

Solicitor General Tushar Mehta 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 improving 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 hearings of cases (writs, PILs etc.) including contempt cases. “As per directions of the Supreme Court, the in-person appearance of govt. officials should be called for only in exceptional cases and not as a matter of routine”, it said.

The top court was hearing a case relating to the summoning of two government officials by the Allahabad High Court for contempt of court.

In June, the apex court stayed an Allahabad High Court order by which the Uttar Pradesh finance secretary S M A Rizvi and special secretary (finance) Sarayu Prasad Mishra were taken into custody for failing to comply with its order to provide certain post-retirement benefits for judges.