Judges To Not Hear Contempt Proceedings Relating To Their Own Orders, Centre Proposes In Draft SOP

The Centre has come out with a draft Standard Operating Procedure (SOP) with regard to the appearance of Government officials and contempt proceedings against government officials.

The Centre suggests that judges should not adjudicate contempt proceedings relating to their own orders, relying on the legal maxim that no judge can be a judge in their own cause.

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.

The SOP also suggests that compliance in matters in the executive domain must not be insisted upon by courts and contempt would not lie against such orders. The Centre said that it is a settled law that for a contempt action to lie, it is necessary for the parent order to be an enforceable order. Therefore, compliance should not be insisted upon by court directing a particular outcome, especially on matters in the executive domain. 

The SOP also suggests that before initiating contempt proceedings, the plea for review on behalf of government must be considered by higher courts, if it is pointed out that certain points of law were not considered during adjudication.

The SOP also proposes that in cases where a review petition has been admitted against a contempt order of a lower court, the lower court should take cognizance of the same and not initiate any related contempt proceedings in the said matter. If contempt proceedings have already been initiated, It must be kept in abeyance at the lower court until the decision is made on the review petition, the SOP suggests.

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

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".

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