Arbitrary court orders summoning government officials against Constitution: Supreme Court [3.1.2024]

Arbitrary court orders summoning government officials in judicial proceedings run contrary to the scheme envisaged by the Constitution, the Supreme Court held on Wednesday and framed standard operating procedures on the issue.

A bench comprising Chief justice D Y Chandrachud and justices JB Pardiwala and Manoj Misra said the standard operating procedures (SOP) for courts emphasised that they needed to steer away from arbitrary summoning of officials.

Pronouncing the judgement, the CJI said the courts cannot summon a official only because his view is different from that of the courts.

It also said that courts must refrain from making remarks or observations to humiliate officers during court proceedings.

The top court also set aside the orders of the Allahabad High Court by which two secretaries of the Uttar Pradesh finance department were taken into custody.

Earlier, the bench had said that it will lay down the broad guidelines to be followed by courts across the country while summoning government officials.

03 Jan 2024