The Supreme Court has indicated its intention to establish comprehensive guidelines concerning the appearance of government officials before courts in litigation involving the government.
This development follows a plea challenging an order from the Allahabad High Court that took custody of the Special Secretary (Finance) and Secretary (Finance) of the Uttar Pradesh government due to non-compliance with directives related to retired judges' facilities. The Apex Court intervened to release the officers and stayed the order.
In response to these events, Solicitor General Tushar Mehta requested the court to formulate guidelines for government officials' appearances in court during government-related litigation. He highlighted that the Central government had proposed a draft Standard Operating Procedure (SOP) on this matter.
During the proceedings, Chief Justice DY Chandrachud noted that the draft SOP encompassed certain aspects of how judicial review should be exercised. The Solicitor General clarified that the court wasn't expected to adopt all the guidelines mentioned in the draft SOP.
The draft SOP, submitted by the Central government, suggests that contempt proceedings should be preceded by a review petition on behalf of the government, focusing on points of law not considered during adjudication. It also proposes that contempt proceedings in lower courts should be suspended if a review petition has been admitted against a contempt order. Furthermore, the SOP outlines conditions for summoning government officials, including giving advanced notice and allowing virtual appearances.
Chief Justice Chandrachud indicated that the Supreme Court intends to establish guidelines for summoning government officers, considering factors like dress code and modalities. These guidelines would apply when adjudication is complete and contempt actions become relevant.
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