Supreme Court Asks High Court To Not Unnecessarily Summon Officials Of J&K Administration

A Division Bench comprising Justices Hrishikesh Roy and Prashant Kumar Mishra allowed the continuation of the proceedings before the High Court but asked the HC to not insist on personal presence unnecessarily. 

Additional Solicitor General KM Nataraj appeared for the J&K government and contended that the scope of the petition (SWP 2037/2017)  had been extended by the High Court, despite the same having been filed with limited prayers. It was highlighted that senior officers of the UT government were being repeatedly ordered to personally appear. The ASG also mentioned that some posts had already been created and the matter of creating further posts was being considered in a phased manner.

The Bench took into account the ASG's submission that on as many as 7 occasions, UT officials had been ordered by the High Court to appear personally.

“Other coercive orders on stoppage of salaries of officers have also been passed by the court,” noted the Bench.

Reference was also made to a case arising out of the same writ proceedings, in which a Division Bench of the Supreme Court has issued notice and granted a stay of certain directions in the impugned order, stated to be coercive in nature.

The Bench considered that some posts had already been created and the UT government was deliberating on the matter of creating more posts in a phased manner. Yet, the Division Bench of the High Court, by listing the case repeatedly and ordering for personal presence of the officers, was pressuring the UT government to do what it was otherwise considering doing in a phased manner.

Accordingly, it was ordered that the UT officials not be unnecessarily asked to appear in person. The Bench added that it was expected of the UT government that it would create posts depending upon expediency of requirements.

It may be noted that yesterday, the Supreme Court delivered a judgment advising High Courts not to frequently summon government officials and issued a set of guidelines.

Case Title: Union Territory of Jammu and Kashmir & Anr. v. Honble High Court of Jammu and Kashmir, SLP(C) No. 25417/2023

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