New Delhi: The Supreme Court on Wednesday said that it is impermissible for the high courts to summon government officials to exert pressure on the government under the threat of contempt, while laying down a SOP for all courts to regulate summoning of government officials.
A bench led by Chief Justice of India DY Chandrachud and comprising justices J B Pardiwala and Manoj Misra said the power of criminal contempt cannot be invoked against officials of the state of UP, and the conduct of the high court in frequently summoning government officials to exert pressure on the government under threat of contempt is impermissible. “ Summoning officials repeatedly instead of relying on law officers representing the government…..runs contrary to the scheme envisaged by the Constitution”, said the CJI, while pronouncing the judgment.
The apex court set aside the Allahabad High Court directions against state government officials for non-compliance with its directions to provide domestic help and other facilities for retired judges.
The apex court has cautioned the high courts from humiliating government officers or making comments on their dress and appearance.
The CJI said all high courts should consider framing rules regarding appearance of government officials in court, after taking into account its SOP. Detailed judgment will be uploaded later in the day. The top court judgment came on a case relating to summoning of two government officials by the Allahabad High Court for contempt of court.
In August last year, the Supreme Court had said it will lay down guidelines for courts to adhere while summoning government officers to the courts, while considering government cases. In June last year, 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.
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