Supreme Court Cautions High Courts Against Unnecessary Summoning Of Officers, Quashes Jharkhand HC Order

A division bench comprising Justice Sanjay Kishan Kaul and Krishna Murari took objection to the impugned judgment and cautioned High Courts against "unnecessary summoning officers" in a matter that has come to an end. The bench was hearing an appeal against the Jharkhand High Court order on 9th and 13th April 2021.

The Court held that once an anticipatory bail is granted and confirmed, that would generally be the end of the matter.

Regarding the intention of "betterment of the criminal justice system," the Court held that it is a matter that can be best taken up as public interest litigation.

"For that purpose, the relevant papers should be placed before the Hon'bleHon'ble Chief Justice of the High Court on the Administrative Side for examination whether the factual scenario calls upon the matter to entertained as a public interest litigation or not. If it is so entertained, then it should be so registered only as a public interest litigation."

The impugned summoning was passed by a Single Bench on 09.04.2021. Vide the said orders; it had sought the personal appearance of Dr. Swapan Kumar Sarak, the doctor, who had conducted the autopsy of the deceased and allegedly failed to disclose the fact that the deceased was pregnant. However, after having received the ultrasound reports annexed to the application for anticipatory bail, the Court added Mr. Sarak as a party-respondent and issue summons holding as follows:

"The autopsy of deceased Anjum Bano has been conducted by Dr. Swapan Kumar Sarak, but in the post-mortem report, he has not mentioned the premature termination of pregnancy of the deceased soon before her death.

Earlier this year, the Supreme Court had warned the High Courts against 'the frequent, casual and lackadaisical summoning of high officials' ' and advised to exercise its power with responsibility and issue summons only in compelling situations and ''not merely to humiliate them''. 

Title: State of Jharkhand v. Basir Ansaris