SC guidelines for courts: Do not summon govt officials as first resort

Key Highlights

Guidelines to Maintain Respectful Environment

• The Chief Justice of India established Standard Operating Procedures (SOPs) emphasising the importance of cultivating an environment of respect in judicial proceedings.

Need for Physical Presence

• The SOPs state that the physical presence of officials may be required only when dealing with evidence such as documents or oral statements.
• Otherwise, courts are advised to rely on affidavits and other documents, avoiding routine directives for physical appearances.

Exceptional Cases and Video Conferencing

• In exceptional cases requiring in-person appearances, the court is advised to consider video conferencing as the first option.
• Reasons for directing personal presence should be recorded, and officials should be given sufficient notice and a designated time slot for preparation.

Professionalism and Dress Code

• Courts are urged to maintain professionalism and refrain from making remarks on officials' appearance, clothes, education, or social standing.
• The SOPs emphasise avoiding comments on dress unless a specified dress code violation occurs.

Uttar Pradesh Case Background

• The guidelines were prompted by the Supreme Court's disapproval of the Allahabad High Court's frequent summoning of Uttar Pradesh government officials.
• The High Court had taken actions against officials, including issuing bailable warrants, over non-compliance with its directives on rules for domestic help to former high court judges.

Court's Disapproval and Warning

• The Supreme Court criticised the High Court's conduct, stating that summoning officials should not be a routine measure and should only be employed in limited circumstances.

Prelims Takeaway

• High court
• Supreme court