Centre Advises Courts to Exercise Restraint in Summoning Government Officials

The Centre has recommended that courts exercise restraint when summoning government officials for appearances in cases involving the government. In a draft Standard Operating Procedure (SOP) submitted to the Supreme Court, the Centre emphasized that summonses should only be issued in exceptional cases and not as a routine matter. The SOP also highlights the importance of providing prior notice to officials and allowing sufficient time for their appearance. Additionally, the Centre suggests that virtual appearances should be the first option, even in exceptional cases.

The Centre’s draft SOP urges courts to apply restraints in contempt cases, suggesting that judges should ideally not preside over contempt proceedings related to their own orders. Furthermore, the SOP states that officials should only be punished in cases of criminal contempt if their actions were willful.

Solicitor General Tushar Mehta presented the SOP, which applies to all court proceedings involving government-related matters before the Supreme Court, High Courts, and other courts. The SOP advises courts to limit their determination to the legality of orders passed by government officials or authorities exercising quasi-judicial powers.

The SOP also emphasizes that personal appearances and frequent in-person attendance of officials during regular appeal hearings are unnecessary and should be avoided, unless the appearance is unprofessional or unbecoming of their position. The Centre suggests that in certain policy matters, courts may refer the case to the executive for further action. Regarding the implementation of court orders, the SOP recommends that the court allow a reasonable timeframe as requested by the government.

The Centre’s draft SOP aims to establish guidelines for summoning government officials in court proceedings. By advising courts to exercise restraint and issue summonses only in exceptional cases, the Centre seeks to streamline the process and ensure that officials are given sufficient notice and time for their appearances. The SOP also emphasizes the importance of virtual appearances and discourages judges from presiding over contempt proceedings related to their own orders. Overall, these recommendations aim to promote a more efficient and professional approach to summoning government officials in court cases.