We will lay down guidelines for courts to follow when summoning government officers: Supreme Court

The Supreme Court Monday said that it will lay down guidelines for courts across the country to adhere to when summoning government officers to courts in cases involving government. .A bench of Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Misra said that there must be a different set of standards to be followed when seeking personal presence of government officials in pending cases and cases which have already been adjudicated since the latter involves an element of contempt of court."We will lay down some guidelines for summoning of government officers. There must be bifurcation of matters pending and the ones in which adjudication is complete. For pending (cases), summoning officers is not needed but once adjudication is complete then contempt steps in," the bench remarked..The Court was hearing a case relating to summoning of two government official by the Allahabad High Court for contempt of court.Earlier, the Central government had submitted a a draft standard operating procedure (SOP) containing suggestions which could be followed by the Court while summoning government officials.The SOP suggested that the personal appearance of public officials in court proceedings should be called for only in exceptional cases and not as a matter of routine.Courts should practice restraint while summoning such officials in cases, including in writ proceedings, public interest litigation and contempt cases, the draft SOP said.."In exceptional circumstances wherein there is no option other than the concerned government official to be present in person in the court, due notice for in-person appearance, giving sufficient time for such appearance, must be served in advance to such official," it added.The SOP also suggested that contempt of court proceedings against officials can only lie with respect to enforceable orders and not for matters lying in the executive domain, merely to ensure a particular outcome.Moreover, courts should not initiate contempt of court proceedings where the action in question is not wilful.Before the initiation of contempt of court proceedings, prayers for review on behalf of the government may be entertained by higher courts on the law points allegedly not considered earlier, it added.Pertinently, the SOP emphasised that judges should not ideally sit on contempt proceedings relating to their own orders.The SOP also said that judges should avoid commenting on the dress or social background of government officials who are asked to appear in courts and there should be no objection to them appearing in their work dress as long as the same is not unprofessional..The Court today heard the parties briefly before reserving its order in the matter."We will close this for orders in the draft SOP case.. we will lay down some broad yardsticks for summoning govt officers to the court.. there is video conference etc," the Court said.Solicitor General Tushar Mehta and Additional Solicitor General KM Nataraj appeared on behalf of the Central government.