'To Create More Congenial Atmosphere Between Govt & Judiciary' : Centre Frames SOP Regarding Appearance Of Govt Officials In Courts, Contempt Cases

The Centre has come out with a draft Standard Operating Procedure (SOP) with regard to the appearance of Government officials before courts in litigation that involves the Government.

The SOP suggests that the presence of government officials should be required in courts only in ‘exceptional cases’, and not as a regular practice. If officials are summoned by courts, advanced notice must be given, allowing ample time for their appearance, the Centre has said in its SOP. Also, first option must be given to the officer to appear virtually.

The SOP also asks courts to refrain from commenting on the dress/physical appearance/educational and social background of the government official appearing in Court.

In matters where the lead Ministry/Department, directly related to the case and representing the Government in court, has submitted a response, courts should not insist on the the presence of government officials or the submission of a separate affidavit from the Ministry/Department listed as pro forma, the SOP states.

According to the draft SOP, the aim is “to create a more congenial and conducive environment between Judiciary and Government with a view to improve overall quality of compliance of Judicial orders by the Government, thereby minimizing scope for contempt of court.“

The SOP states that the time and resources of the court and the government would be saved if officials are allowed to appear virtually.

The proposed SOP is to apply to the Supreme Court, High Courts and all court proceedings dealing with government related matters.

The SOP suggests that when quasi-judicial orders passed by officials are challenged in appeal, the Court must only limit itself to determining the legality of the order and not scrutinize the facts further.

The SOP also suggests that in case of criminal contempt, court should punish officials only if the act was ‘willful’. “No contempt should be initiated in case of statements made in court by government counsels that is contrary to the stand of the Government affirmed through its affidavit/written statement or reply submitted before the court.” The draft SOP states. With regard to contempt it also suggests that judge should not adjudicate contempt proceedings relating to their own orders.

In matters within the domain of the executive, the Court should refer the matter to the government instead of taking it up and summoning government officials, the SOP also suggests.

The SOP also states that if the government requests revised timeframe for compliance of judicial orders, such requests must be allowed by the Court if ‘reasonable’.