HC's Should Avoid Oral Remarks With Potential To Humiliate Appearing Official: SC

The Supreme Court issued guidelines to High Courts and said that during proceedings, oral remarks with the potential to humiliate the official should be avoided.

New Delhi: The Supreme Court on Wednesday issued guidelines to High Courts on summoning Government Officials. The apex court said that during the course of proceedings, oral remarks with the potential to humiliate the official should be avoided and the summoning court must refrain from commenting on the physical appearance, educational background of the official appearing before it.  

“During the course of proceedings, oral remarks with the potential to humiliate the official should be avoided,” said the apex court, adding that the summoning court must refrain from commenting on the physical appearance, educational background or the social standing of the official appearing before it," the top court said, as quoted by news agency IANS.

A bench presided over by CJI D.Y. Chandrachud said that the HCs should not summon officials "arbitrarily". In cases where affidavits would suffice, appearance should be dispensed with, as reported by Live Law. The SC further cautioned that the courts must refrain from making comments on the dress of the officials unless there is a violation of dress code of their own office.

The top court further stated that the officers should not be made to stand during the entire proceeding unless needed or asked, as reported by Live Law. 

The bench also said that all High Courts across the country should consider framing rules to regulate the appearance of government officials in courts after taking into account the SOP (Standard Operating Procedure) laid down by the apex court, as reported by IANS. The SOP aims to serve as a guiding framework to steer away courts from arbitrary and frequent summoning of government officials, it further stated.

The SOP laid down by the bench also comprising J.B. Pardiwala and Manoj Misra read, “If the issue can be addressed through affidavits and other documents, physical presence may not be necessary and should not be directed as a routine measure,” as quoted by IANS.

The apex court said that in exceptional cases where the in-person appearance of the official is called for, the court should allow as a first option the officer to appear before it through video-conferencing (VC). It stated that the summoning court should record the reason as to why the personal presence of an official is required and should to the extent possible designate a specific time slot.

It added: “The invitation link for VC appearance must be sent by the registry of the court to the given mobile number and email ID of the concerned official by SMS, WhatsApp, email at least one day before the scheduled hearing,” as quoted by IANS.

Earlier, Solicitor General Tushar Mehta had urged the SC to lay down “some guidelines” relating to summoning of government officials in contempt or other court proceedings after two officials from Uttar Pradesh were taken into custody for non-compliance of an order of the Allahabad High Court but were later released on directions of the Supreme Court, IANS reported.