New Rules Ahead: SC to set guidelines for government officials in litigation

New Rules Ahead: SC to set guidelines for government officials in litigation

Supreme Court announced its intention to establish guidelines regarding the participation of government officials in court proceedings related to government litigation. The bench, led by CJI DY Chandrachud, along with Justice JB Pardiwala and Justice Manoj Misra, heard a plea challenging an Allahabad High Court order that detained the Special Secretary (Finance) and Secretary (Finance) of the Uttar Pradesh government for non-compliance with directions to provide facilities for retired judges.

The Apex Court had previously ordered the immediate release of the detained officials and stayed the order. Today, Solicitor General Tushar Mehta requested the court to create guidelines for government officials' appearance in such cases, citing a proposed draft Standard Operating Procedure (SOP) by the Centre.

Addressing the draft SOP, the CJI noted that it delves into how judicial review should be exercised, prompting Mehta to clarify that not all guidelines should be accepted by the court.

The draft SOP proposes that higher courts consider review petitions before initiating contempt proceedings on behalf of the government. Mehta clarified that "review" here means a challenge or appeal to higher courts. It also suggests that judges should not preside over contempt proceedings against their own orders and that contempt actions should only be taken against officials in cases of willful acts.

The draft SOP recommends that the presence of government officials in court should be exceptional, with advanced notice given and virtual appearances preferred. It discourages comments on officials' appearance or background. The court acknowledged these positive suggestions.

The bench confirmed its plan to establish guidelines for summoning government officers, distinguishing between pending matters and cases with completed adjudication. While summoning may not be necessary for pending matters, it becomes relevant once adjudication is finalized, leading to possible contempt proceedings.

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