Not permissible for High Courts to summon govt officials to exert pressure: SC

New Delhi: The Supreme Court on Wednesday laid down Standard Operating Procedure for personal appearance of government officials by the courts, saying that it is impermissible to summon government officials by the High Courts to exert pressure on the government under the threat of contempt.

A bench of Chief Justice of India D Y Chandrachud and Justices J B Pardiwala and Manoj Misra said courts must seek personal appearance through video conferencing or rely upon affidavits.

The courts must refrain from making humiliating remarks against government officers on their appearance, dress, educational qualifications etc, the bench said.

The court also said the power of criminal contempt cannot be invoked against officials.

The court ticked off the Allahabad High Court's conduct of the high court in frequently summoning government officials to exert pressure on the government under threat of contempt, saying it is impermissible. 

“Summoning officials repeatedly instead of relying on law officers representing the government runs contrary to the scheme envisaged by the Constitution,” the bench said, reading out the excerpts of the judgment.

The apex court set aside the Allahabad High Court's contempt action against state government officials for non-compliance with its directions to provide domestic help and other facilities for retired judges.

The bench said all high courts should consider framing rules regarding appearance of government officials in court, after taking into account its SOP. 

In August, 2023, the Supreme Court had said it will lay down guidelines for courts to adhere while summoning government officers to the courts, while considering government cases.

In June last year, the apex court stayed the Allahabad High Court's order by which the Uttar Pradesh finance secretary S M A Rizvi and special secretary (finance) Sarayu Prasad Mishra were taken into custody for failing to comply with its order to provide certain post-retirement benefits for judges.