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Supreme court Lays SOP over Calling Government officials to Court's

  • Writer: M.R Mishra
    M.R Mishra
  • Jan 4, 2024
  • 2 min read

The Supreme Court of India has indeed issued Standard Operating Procedures (SOPs) to guide High Courts across the country , due to rising incidents of officers being harassed in courtroom. regarding the personal appearance of government officials in court. This is a significant development and has generated quite a bit of discussion in legal circles.


Here are some key points of the SOPs:


  • Personal presence should be an exception: The SOPs emphasize that the personal appearance of government officials should be limited to exceptional circumstances. Cases involving evidence-based adjudication, summary proceedings, or non-adversarial proceedings where the court needs assistance on complex policy issues may necessitate it. In situations where issues can be addressed through affidavits or other documents, physical presence shouldn't be mandated.

  • Respectful conduct and avoidance of humiliation: The SOPs highlight the importance of maintaining a respectful and professional environment. Courts are advised to avoid making demeaning remarks about the appearance, dress, or other personal aspects of government officials unless there is a clear violation of dress code. Oral remarks with the potential to humiliate should also be avoided.

  • Advance notice and video conferencing preference: Government officials should be summoned with adequate advance notice to allow for proper preparation. Additionally, video conferencing should be considered as the first option for appearances whenever possible. This could help reduce disruption to official duties and unnecessary travel.

  • Courts must be mindful of complexities: The SOPs caution courts to consider the intricacies of government decision-making before setting deadlines for compliance with orders. This helps ensure reasonable timelines and avoids putting undue pressure on officials.



Overall, these SOPs aim to streamline the process of summoning government officials to court, ensuring that it is done efficiently, respectfully, and with due consideration for the complexities of government work. This could potentially improve the relationship between the judiciary and the executive branch, and lead to more efficient resolution of cases.


 
 
 

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