Centre proposes rules for government officials' appearance in court

Appearance through video conferencing, refraining from making comments on the physical appearance and educational background of government officials

Appearance through video conferencing, refraining from making comments on the physical appearance and educational background of government officials and reasonable time frame for compliance of judicial orders are some of the suggestions enumerated in the Standard Operating Procedure (SOP) the government has submitted to the Supreme Court for consideration.

Solicitor General Tushar Mehta submitted the Standard Operating Procedure (SOP) in the top court regarding the appearance of government officials in court proceedings, including contempt proceedings.

The SOP submitted for the apex court's consideration is intended to be applicable to all proceedings in government-related matters before the Supreme Court, high courts and all other courts that are hearing matters under their respective appellate and/or original jurisdiction (writ petitions, PIL etc.) or proceedings related to contempt of court.

As per the SOP, in case of proceedings related to government matters where the personal appearance of a government official is involved, in-person appearance of government officials should be called for only in exceptional cases and not as a matter of routine.

"Courts should practice necessary restraint while summoning the government officials during the hearing of cases (writs, PILs etc.) including contempt cases.

"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," the SOP said.

However, in exceptional cases, where in-person appearance of a government official is still called for by the court, the court should allow as a first option to appear before it through video conference, it said.

"The invitation link of VC for appearance and viewing, as the case may be, can be sent by the Registry to the given mobile no/e-mail id by SMS/email/WhatsApp of the concerned official at least one day before the scheduled hearing. The appearance of government official in cases as pro forma party should be avoided," the SOP stated.

The guidelines state that comments on the "dress/physical appearance/educational and social background" of the government official appearing before the court should be avoided.

"Government officials are not officers of the court and there should be no objection to their appearing in a decent work dress unless such appearance is unprofessional or unbecoming of her/his position," the SOP said.