The Union government has drawn up a Standard Operating Procedure (SOP) to provide for the appearance of government officials, in their official capacity, in court proceedings pertaining to government.
The SOP comes at a time when both High Courts and the Supreme Court have been summoning government officials for non-compliance with their orders or to find out details pertaining to a case. Recently, the Supreme Court summoned the Director General of Manipur to find out what had been done to curtail the violence in the state. It may also be noted that the Calcutta High Court in early August suspended the Chief Secretary of Andaman and Nicobar Islands over non-compliance with an order.
Since some High Courts have started live streaming their proceedings, clips of judges pulling up government officials have also gone viral on the internet.
Where does it apply?
The SOP is applicable to all court proceedings of government-related matters at the Supreme Court, High Courts and all other courts. It also covers contempt of court.
What is its objective?
According to the document, the 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 court orders by the government, thereby minimising the scope for contempt of court. It also intends to address issues related to appearance of government officials in courts. The SOP also aims at saving time and resources for both the court and the government by permitting the government official to appear online.
What does the SOP say?
The SOP lays down five suggested points of action when a government official is summoned
- A government official should be summoned to the court only in exceptional cases and not as a matter of routine. The court should practise necessary restraint while summoning government officials.
- Under exceptional circumstances when a government official must necessarily appear in the court, advanced notice must be given to them. They must also be given sufficient time to appear in court.
- Courts must give the officials an option to appear through virtual hearing links. Such links must be sent to the official at least one day in advance.
- Summoning a government official in cases where the government is not the contesting party, must be avoided.
- Comments on the dress/physical appearance/educational and social background of the government official appearing before of the court should be refrained.
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