People's faith in judiciary can't be frittered away by show of power: SC on Allahabad HC's order

Greater the power, greater should be the responsibility in exercising power, SC on Allahabad HC's order

The Supreme Court has expressed its "shock" over the Allahabad High Court's order summoning Uttar Pradesh government officers before it in a contempt case, despite the proceedings having been stayed by it.

The top court said trust, faith and confidence of the common man in the judiciary cannot be frittered away by unnecessary and unwarranted show or exercise of power.

"Once the order of which contempt was alleged was stayed, there would be no cause for calling the officers as there was no question of any non-compliance of the order which had been stayed," a bench of Justices Sanjay Kishan Kaul and Hemant Gupta said.

Taking up a plea filed by the Uttar Pradesh government through advocate Vishnu Shankar Jain, the bench pointed out the court has even on various occasions through judicial pronouncements deprecated the practice of unnecessarily calling officers to court.

Read: SC seeks private firm’s reply on dismantling status of decommissioned aircraft carrier Viraat

"Greater the power, greater should be the responsibility in exercising such power. The frequent, causal and lackadaisical summoning of high officials by the court cannot be appreciated. We may add that this does not mean that in compelling situations the same cannot be done but the object cannot be to humiliate senior officials," the bench added.

In the present case, the bench asked if the operation of the order was stayed, what purpose was being served by calling the officers for the next date.

"We do believe that this is unnecessary harassment of the officers and there was no occasion to pass the order," the bench said.

The top court stayed the order passed by the High Court's Lucknow bench and made it clear no presence of officer was required in the matter.

"As and when, if the occasion so arises, for restarting the contempt proceedings, the matter will be placed before a bench of another judge," the top court directed, sending the copy of the order to the Chief Justice and the judge concerned.