The Supreme Court on Monday said that it would lay down guidelines for courts on summoning government officers in pending cases.
A bench of Chief Justice of India D Y Chandrachud and Justices J B Pardiwala and Manoj Misra said the officers should be asked to appear only in cases where there is non-compliance, not in pending matters as an affidavit will do the job in such cases.
"We will form modalities for appearing before court," the bench said, dealing with the Uttar Pradesh government's plea against the Allahabad HC's order summoning two senior government officers and ordering their custody.
Referring to the Centre’s draft standard operating procedure submitted recently, the court said there must be a different set of standards, which should be followed when courts seek personal presence of government officials in pending cases.
The bench said 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 bench also told Solicitor General Tushar Mehta said it had gone through the draft SOP and there are some points which actually say how judicial review should be exercised.
On this, Mehta clarified that there was no intention by the government to modify the power of judicial review.
He said that draft SOP only focuses on summoning of senior government officials.
The apex court made it clear that it would restrict its order only to the aspect of issue of summons to government officials and nothing else.
In detailed standard operating procedure for appearance of officials in contempt and other court proceedings, the central government has stated that the courts should call the officers only in exceptional circumstances with advance notice and refrain from making comments upon dress unless their appearance is unprofessional or unbecoming of the positions.
On Apri 20, this year, the top court had directed immediate release of senior IAS officers Uttar Pradesh's Finance Secretary S M A Rizvi and Special Secretary, Finance Saryu Prasad Mishra, who were taken into custody on April 19 on Allahabad High Court's order in a matter related to providing domestic help and other facilities to retired Chief Justices and other judges.The court had then also stayed the High Court's division bench order seeking personal presence of Chief Secretary before the court on Thursday, April 20 to explain why contempt of court charges should not be framed against them.
Published 21 August 2023, 09:47 IST
