The High Court of Jammu and Kashmir and Ladakh has officially adopted the Standard Operating Procedures (SOPs) established by the Supreme Court of India concerning the personal appearance of government officials in court proceedings. This adoption aligns with the Supreme Court's directives from the judgment in The State of Uttar Pradesh & Ors. Vs. Association of Retired Supreme Court and High Court Judges at Allahabad & Ors.
The implementation of these SOPs aims to ensure that the summoning of government officials is conducted judiciously, preventing arbitrary appearances and upholding procedural fairness across all courts under the High Court's jurisdiction. The SOPs provide comprehensive guidelines covering various aspects of court proceedings involving government officials, including adjudications, summary proceedings, and contempt matters.
A significant component of the SOPs is the classification of proceedings to determine when the personal presence of officials is necessary. In evidence-based adjudications, where testimony or specific documents are required, officials may be summoned to court. However, in summary and non-adversarial proceedings, the SOPs advise against mandating physical appearances unless absolutely necessary, promoting efficiency and respect for the officials' time.
The SOPs emphasize the preference for video conferencing as the primary mode for official appearances, reflecting a modern approach to court procedures. Should a physical presence be deemed essential, the court is required to document clear reasons for this necessity and provide officials with adequate advance notice to prepare appropriately.
Maintaining decorum and respect within the courtroom is another critical focus of the SOPs. Officials are not to be subjected to unnecessary standing during proceedings, and judges are instructed to refrain from making remarks that could be perceived as humiliating. This includes avoiding comments on an official's physical appearance, educational background, or attire, fostering an environment of professionalism and dignity.
Recognizing the complexities inherent in governmental decision-making processes, the SOPs advise courts to consider these factors when setting compliance deadlines for court orders. Officials are permitted to request extensions for these deadlines when justified, ensuring that compliance is both practical and respectful of administrative procedures.
Regarding contempt proceedings, the SOPs outline that personal appearances should only be mandated following the issuance of a show-cause notice, ensuring that due process is upheld and that officials are treated fairly throughout the legal process.
The adoption of these SOPs by the High Court of Jammu and Kashmir and Ladakh signifies a commitment to procedural fairness and the respectful treatment of government officials within the judicial system. By implementing these guidelines, the court aims to balance the necessity of official participation in legal proceedings with the principles of efficiency, respect, and due process.
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