IAS officers organisation – Indian Civil & Asministrative Services (ICAS) Officers' Association – on behalf of all IAS officers, has expressed its deep appreciation for the landmark judgement of the Supreme Court, which has clarified the law on personal appearance of officials in court proceedings and laid out a Standard Operating Procedure (SOP).
The apex court issued the SOP while disposing of a plea filed by the Uttar Pradesh government against the orders passed by Allahabad High Court last year to summon two senior government officers. Reportedly, the High Court in one of the orders had also ordered the arrest of two senior IAS officers although they were released a day later after the Supreme Court's intervention.
The guidelines cautioned the courts against humiliating such officials or making unnecessary comments on their attire. The IAS SOP is likely to be followed by all courts religiously.
“The judgement of the three judges bench comprising of Honorable Chief Justice Dr. D. Y. Chandrachud, Honorable Justice Shri J. B. Pardiwala and Honorable Justice Manoj Misra is erudite and equitable on one hand, and comprehensive and clear on the other. It is a testimony to the fairness and majesty of India's judicial system and reinforces the faith and trust that every citizen reposes in it,” the association wrote.
The association urged all officers to redouble their commitment to implementation of orders of all courts with diligence and expedition, subject to lawful remedies and adherence to government procedures.
What the Apex Court directs?
The apex court acknowledged that the personal appearance of officials may be required for evidence in summary proceedings. However, the court said that such officials may not be summoned if any issues cropping up can be stored by way of affidavits from the officials.
The Supreme Court also directed that an official cannot be summoned only because his or her view is different from the view of the court. It further clarified that the personal presence of officials may be required if there is suppression of facts.
Apex court's views on attire
The Supreme Court stressed that courts must refrain from making unnecessary comments in attire unless there is violation of the dress code of their own office. It underlined that government officers should not be made to stand during the entire proceedings unless needed or asked to.
No further humiliation for officers in IAS SOP
It also added that courts must refrain from making remarks or observations to humiliate government officers. The top court also directed that advance notice must be given before summoning the officials for adequate preparation, adding that the first option for such appearance must be through video conference.
The Supreme Court had also underscored that frequently summoning government officials runs contrary to the scheme envisaged by the Constitution.
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