Supreme Court Curbs Unnecessary Summons of Government Officials.
The Supreme Court of India has issued a judgment aimed at curbing the routine summoning of government officials to court. The decision comes in an appeal filed by a state government against a High Court order directing the Superintendent of Police to appear in person for a case.
The Court highlighted the importance of maintaining the separation of powers between the judiciary and the executive. It argued that frequently calling upon officials disrupts their work and isn't essential for upholding court dignity.
The judgment cites a previous case (State of Uttar Pradesh Vs. Manoj Kumar Sharma) where similar concerns were raised.
Furthermore, the Court referred to a recently established Standard Operating Procedure (SOP) outlined in the case (State of Uttar Padesh & Ors. Vs. Association of Retired Supreme Court and High Court Judges at Allahabad & Ors.). This SOP emphasizes that:
- Government officials shouldn't be summoned to court unless absolutely necessary.
- In exceptional circumstances, video conferencing should be the preferred method for an official's appearance.
- Courts must record clear justifications for requiring a physical appearance.
In the present case, the Court found the High Court's order for the Superintendent of Police's physical presence to be unnecessary. Video conferencing would have been an adequate alternative, and the reasons provided by the High Court didn't meet the threshold for a physical appearance.
This judgment signifies a shift towards a more respectful approach towards government officials. By minimizing unnecessary court appearances and prioritizing video conferencing, the Supreme Court aims to streamline court proceedings while minimizing disruptions to essential government functions.