Reasons Recorded By High Court For Directing Personal Appearance Of Government Officer Is Not Exceptional Or Rare: SC Quashes Order Directing Superintendent Of Police To Appear
|The Supreme Court has expressed disapproval of the frequent practice in High Courts of directing the personal appearance of government officers, emphasizing the need for adherence to Standard Operating Procedures (SOPs) and the recording of reasons for such directives.
The Court was hearing an Criminal Appeal filed by the State of West Bengal against a Calcuta High Court Order, whereby it directed the jurisdictional Superintendent of Police to personally remain present in Court.
"We further find that the reasons recorded by the High Court for directing the personal presence of the jurisdictional Superintendent of Police cannot be said to be exceptional or rare", the Court observed while setting aside the part of the Order which directed the personal presence of the Superintendent of Police.
The Bench of Justice BR Gavai and Justice Sandeep Mehta underscored that if a High Court deems it necessary to summon a government officer, it should first consider video conferencing as an alternative.
"In the SOP, it is specifically provided that in exceptional cases, if the Court finds that the presence of Government Officer is necessary, then at the first instance, such appearance is permitted through video conferencing," the Bench said.
Citing previous precedents, including the case of State of Uttar Pradesh Vs. Manoj Kumar Sharma, the Supreme Court reiterated that public officers should not be summoned unnecessarily to court. The Bench also stated that the Court should also record its reasons as to why the personal presence of the Government Officer is necessary.
The Court noted that the Standard Operating Procedure (SOP) on the issue of personal appearance of Government Officers in Court proceedings have been laid down in the case State of Uttar Padesh & Ors. Vs. Association of Retired Supreme Court and High Court Judges at Allahabad & Ors.
"In the present case, if the learned Judges of the Division Bench found it necessary to direct the presence of the jurisdictional Superintendent of Police, it should have been first through video conferencing," the Bench opined.
"In that view of the matter, the part of order which directs the personal presence of the jurisdictional Superintendent of Police is quashed and set aside. The appeals are allowed in part in the above terms," the Court ordered.
Cause Title: State of West Bengal v. Ganesh Roy
Appearance:-
Petitioner: Senior Advocate Biswajit Deb, Advocates Anando Mukherjee (AOR), Shwetank Singh
Click here to read/download the Order