Patna High Court Registry Issues SOP For Govt Officials' Personal Appearance In Court Proceedings

Pursuant to judgment dated 03.01.2024 passed by the Supreme Court of India in the matter titled "The State of Uttar Pradesh & Ors. Vs. Association of Retired Supreme Court and High Court Judges at Allahabad & Ors." [Civil Appeal Nos. 23- 24 of 2024 in Special Leave to Appeal (C) Nos. 8575-8576 of 2023] the Registry of the Patna High Court has issued a Standard Operating Procedure (SOP) with regard to personal appearance of Government Officials in Court Proceedings

As per the circular, the Standard Operating Procedure shall be applicable to all court proceedings involving the government in cases before this High Court and all other courts acting under their respective appellate and/or original jurisdiction or proceedings related to contempt of court

Outlined below are the key highlights of the SOP:

1. Personal Presence Pending Adjudication:

• The SOP categorizes proceedings into three types based on the nature of evidence involved.
• It emphasizes that physical presence of government officials should be directed only when necessary, especially in cases requiring evidence-based adjudication.
• The court may direct presence if specific information is being withheld or misrepresented.
• However, personal presence should not be mandated solely based on differences between the official's affidavit and the court's view.

2. Procedure Prior to Directing Personal Presence:

• Video conferencing is encouraged as the first option for government officials' appearance.
• Officials must be provided with the necessary information and notice well in advance.

3. Procedure During Personal Presence:

• Officials need not stand throughout the hearing.
• Courts are urged to maintain professionalism and refrain from making comments that may humiliate officials.

4. Time Period for Compliance with Judicial Orders by the Government:

• Acknowledgment of the complexities involved in ensuring compliance.
• The court may entertain requests for revised timelines considering the specifics of each case.

5. Personal Presence for Enforcement/Contempt of Court Proceedings:

• Caution exercised in initiating contempt proceedings.
• Preliminary determination of contempt involves issuing a notice to the alleged contemnor.
• Officials are given the option to appear via video conferencing, with due notice for in-person appearances.

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