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Synopsis

Supreme Court of India has framed a Standard Operating Procedure (SOP) specifically addressing the appearance of Government Officials before the courts.

"At its core, this SOP emphasizes the critical need for courts to exercise consistency and restraint. It aims to serve as a guiding framework, steering courts away from the arbitrary and frequent summoning of government officials and promoting maturity in their functioning..", CJI DY Chandrachud read out from the judgment today in court.

A bench also comprising Justice JB Pardiwala and Justice Manoj Misra has added that said SOP shall be applicable to all court proceedings involving the government in cases before the Supreme Court, High Courts and all other courts acting under their respective appellate and/or original jurisdiction or proceedings related to contempt of court.

The Supreme Court has ordered that courts should not direct the presence of an official solely because the official's stance in the affidavit differs from the court's view. In such cases, if the matter can be resolved based on existing records, it should be decided on merits accordingly, it has added.

"In exceptional cases wherein the in-person appearance of a government official is called for by the court, the court should allow as a first option, the officer to appear before it through video conferencing...", the top court has opined.

Court has also laid out a procedure to be followed in instances where the court directs the personal presence of an official or a party.

"During the course of proceedings, oral remarks with the potential to humiliate the official should be avoided. The court must refrain from making comments on the physical appearance, educational background, or social standing of the official appearing before it. Courts must cultivate an environment of respect and professionalism. Comments on the dress of the official appearing before the court should be avoided unless there is a violation of the specified dress code applicable to their office..." the three-judge bench has laid down.

Furthermore, noting that ensuring compliance with judicial orders involving intricate policy matters necessitates navigating various levels of decision-making by the Government it has been directed that court must consider these complexities before establishing specific timelines for compliance with its orders. 

Case Title: The State of Uttar Pradesh & Ors. vs. Association of Retired Supreme Court and High Court Judges at Allahabad & Ors.