SC To Frame Broad Guidelines On Modalities To Summon Govt Officers Including The ‘Dress’ While Appearing Before Courts

The Supreme Court, today, said that it will formulate broad guidelines for summoning government officers in Court including the dress to be worn by the officers, while making appearance before the Court. The matter came up before the bench as a challenge to an order of the Allahabad High Court whereby two UP government officers were taken into custody for not complying with directions to provide domestic help and other facilities to the former Chief Justices and former Judges of the Allahabad High Court. 

Earlier, the Supreme Court had stayed the operation of the orders dated 4 April 2023 and 19 April 2023 of the Division Bench of the High Court. It is to be noted that the High Court had taken two officers of the state government into custody, who were present in the Court. The Court had also issued bailable warrants to Chief Secretary, Uttar Pradesh, Lucknow, and Dr. Prashant Trivedi, Additional Chief Secretary (Finance).

A bench led by Chief Justice of India D.Y. Chandrachud also mentioned a video of one of the High Courts that went viral over the internet, where a judge castigated a government officer for not appearing in uniform. In the matter, the arguments have been concluded and the bench reserved the judgment. The bench also comprised Justice J.B. Pardiwala and Justice Manoj Misra.

Solicitor General Tushar Mehta appearing for the petitioner seeking certain guidelines to be formulated in the matter cited the 'unfortunate incident' and further sought to submit a propose draft of the SOP.

To that, CJI said that he has seen the SOP, however, remarked, "Some parts of the SOP are really more on how judicial review should be exercised".

"We are only going to deal with the modalities for appearance of officers in the Court, including dress, they have also referred to the dress. In one of the High Courts the video went viral on YouTube", remarked CJI. 

"I have seen that video, he was in a white full sleeved-collared shirt and trousers milord. But the High Court possibly felt that they should be in suit or something. But generally, in our climate we don’t wear suits, milord, and unless somebody comes in a jeans or a t-shirt...then it should not be…”, said Mehta in response.

On that CJI then said, "Armed forces officers always appear in their uniform, unless it is a personal matter…in fact the Government counsel are always dressed in their official attire”.

For the background, the Allahabad High Court had observed that the officers of the Finance Department of the State Government had committed contempt of Court.

“In the circumstances, having regard to the averments made in the affidavit and the conduct of the officers suppressing material facts and misleading the Court, prima facie, have committed criminal contempt of the Court. 33. Accordingly, officers present in the Court, namely, Shri Shahid Manzar Abbas Rizvi, Secretary (Finance) U.P. Lucknow and Shri Sarayu Prasad Mishra, Special Secretary (Finance) are taken into custody”, the Allahabad High Court had ordered.

The High Court was dealing with the plea of the Association of Retired Supreme Court and High Court Judges. The Court had observed that the matter pertaining to providing domestic help and other facilities to the former Chief Justices and former Judges of the Court was kept pending on one pretext or the other.

The Court noted that the officers of the Finance Department were opposing the Court’s Order without any valid basis.

“The approach of the officers of the Finance Department is writ large, that the proposal submitted by the High Court, would not be complied and in their over zealous approach and adamant attitude are opposing compliance of the writ court order without any valid basis.”, the Court observed.

Cause Title- State Of Uttar Pradesh & Ors. v. Association Of Retired Supreme Court And High Court Judges At Allahabad & Ors.