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Recently, Centre had introduced an SOP with a view to improve overall quality of compliance of judicial orders by the government, thereby minimising scope for contempt of court.
The Supreme Court has today remarked that it will formulate broad guidelines on appearance of government officials before courts.
"Justice Misra has made a valuable suggestion..that officers should be asked to appear only in cases where there is non-compliance, not in pending matters as there an affidavit will do the job...we will form modalities for appearing before court..", said CJI Chandrachud while reserving orders on a petition made by State of Uttar Pradesh.
Solicitor General Tushar Mehta, at the beginning of the hearing, referred to the central government's proposed standard operating procedure (SOP) for appearance of government officials in contempt and other court proceedings, stating that courts should call the officers only in exceptional circumstances and with advance notice.
"We ask the court to frame some guidelines..We have proposed an SOP.. the finance secretary was taken into custody..", SG added.
CJI Chandrachud went on to express some concerns over the proposed SOP and said, "Some parts of the SOP are on how judicial review should be exercised..".
SG Mehta agreed with the Court's view and said such aspects could not be a part of the SOP.
"We request that official dealing with the file should be called, rather than calling the Chief Secretary directly, it hampers a day's work..", the Court was further told.
After hearing the SG and ASG KM Nataraj, the bench also comprising Justices Pardiwala and Manoj Misra said it would formulate broad guidelines on the subject.
Case Title: State of UP Vs Association of Retired Judges of SC & HCs
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