Supreme Court to Set Modalities for Government Officials’ Court Appearances

August 22, 2023

The Supreme Court of India has agreed to establish modalities for the summoning of government officials by courts, responding to a request from the Centre to frame a Standard Operating Procedure (SOP). The decision comes in the context of a plea related to the summoning of government officials by the Allahabad High Court for alleged contempt of court.

Chief Justice of India D Y Chandrachud indicated that the court would specifically address the dress code for government officials during their court appearances. Solicitor General Tushar Mehta submitted suggestions for the SOP, which included the need to entertain review petitions before initiating contempt proceedings and to distinguish between cases pending and cases with judgments. The Supreme Court’s decision aims to balance the convenience of officials’ appearances with the court’s judicial review process.

What prompted the Supreme Court to address the summoning of government officials by courts?

The Supreme Court responded to the Centre’s request to establish a Standard Operating Procedure (SOP) for summoning government officials by courts. This arose in a context where two government officials were summoned by the Allahabad High Court for alleged contempt of court.

What specific aspect of the court appearances will the modalities address?

The modalities will include guidelines on the dress code for government officials during their court appearances.

What were the points in the SOP that were discussed during the proceedings?

The points discussed in the SOP included the suggestion to entertain review petitions before initiating contempt proceedings and the need to distinguish between cases pending and cases with judgments.

How did the Solicitor General respond to the suggestion regarding review petitions in the SOP?

The Solicitor General agreed that such matters should not be part of the SOP, acknowledging that it’s the discretion of each court to decide on those aspects.

How does the Supreme Court plan to establish the modalities for summoning government officials?

The Supreme Court intends to lay down broad guidelines for summoning government officials, including addressing issues related to video conferencing and other alternative modalities.

What was discussed regarding the dress code for government officials during court appearances?

The Chief Justice pointed out a video from a High Court where an official’s attire became a matter of concern. The Solicitor General noted that suits are not practical due to the climate, but generally, officials adhere to a formal dress code.

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