J&K And Ladakh High Court Adopts SC Mandated SOPs On Appearance Of Govt Officials In Court

The directive follows the Supreme Court's January 3, 2024 judgment in The State of Uttar Pradesh & Ors. Vs. Association of Retired Supreme Court and High Court Judges at Allahabad & Ors.

“.. the Chief Justice High Court of Jammu & Kashmir and Ladakh, has been pleased to adopt the Standard Operating Procedure (SOP) with regard to personal appearance of Government Officials in Court Proceedings, as laid down by the Hon'ble Supreme Court”, reads a notification issued by the Registrar General of the High Court which ensures that government officials are not summoned arbitrarily and their appearances are regulated in accordance with procedural fairness.

The SOPs will be applicable to all courts under the jurisdiction of the High Court and cover cases involving government officials, including adjudications, summary proceedings, and contempt matters.

Key Highlights of the SOPs:

1. Classification of Proceedings:
   • Officials may be required in evidence-based adjudication where their testimony or documents are needed.
     
   • In summary and non-adversarial proceedings, appearances should be avoided unless necessary.
     
2. Summoning Procedure:
   • Courts must prioritize video conferencing for official appearances.
     
   • A clear reason must be recorded if a physical presence is required.
     
   • Officials must receive due notice in advance to ensure preparedness.
     
3. Courtroom Decorum for Government Officials:
   • Officials should not be made to stand unnecessarily during proceedings.
     
   • Judges must avoid remarks that could humiliate officials, including comments on physical appearance, background, or attire.
     
4. Time for Compliance with Court Orders:
   • Courts should acknowledge governmental decision-making complexities before imposing deadlines.
     
   • Officials should have the option to request deadline extensions where justified.
     
5. Contempt Proceedings Guidelines:
   • Personal appearance should be directed only after issuing a show-cause notice.
     
   • Courts should ensure due process before initiating contempt actions.

Click Here To Read/Download Notification