SC comes down hard on courts summoning govt officials
A Supreme Court bench says judges of higher courts should conduct themselves with modesty and all humility and have respect for the executive and the legislature.
By Sanjay K Singh, TNN |
NEW DELHI: A Supreme Court bench, in a significant ruling on Thursday, said judges of higher courts should conduct themselves with modesty and all humility and have respect for the executive and the legislature. Taking a serious note of high courts summoning high government officials for ego satisfaction, the bench said such power should be exercised in exceptional cases, otherwise it will be counter-productive.
A bench comprising Justice AK Mathur and Justice Markandey Katju said: “The judiciary must have respect for the executive and the legislature... Judges should have modesty and humility. They should realise that summoning a senior official, except in some very rare and exceptional situation, and that too for compelling reasons, is counter-productive and may also involve heavy expenses and valuable time of the official concerned.”
Justice Katju, writing the verdict, said: “Frequent, casual and lackadaisical summoning of high officials by the court cannot be appreciated. We are constrained to make these observations because we are coming across a large number of cases where such orders summoning of high officials are being passed by the high courts and often it is nothing, but for the ego satisfaction of the learned judge.”
The bench said only in extreme and compelling situation, such power by the court should be exercised. It also laid out a few guidelines to be adhered to on such occasions. The officials must be given proper respect by the court and they should not be humiliated. Such senior officials need not be made to stand all the time when the hearing is going on, and they can be offered chairs by the court to sit. They need to stand only when answering or making a statement in the court. “The senior officials, too, have their self-respect, and if the court gives them respect, they in turn will respect the court. Respect begets respect,” said Justice Katju.
While delivering the verdict, the court set aside an order of the Gujarat High Court summoning the chief secretary and law secretary of Gujarat to be personally present before it in connection with the steps being taken to provide sufficient staff to the office of Government Pleader/Public Prosecutor to avoid judicial delay.
A bench comprising Justice AK Mathur and Justice Markandey Katju said: “The judiciary must have respect for the executive and the legislature... Judges should have modesty and humility. They should realise that summoning a senior official, except in some very rare and exceptional situation, and that too for compelling reasons, is counter-productive and may also involve heavy expenses and valuable time of the official concerned.”
Justice Katju, writing the verdict, said: “Frequent, casual and lackadaisical summoning of high officials by the court cannot be appreciated. We are constrained to make these observations because we are coming across a large number of cases where such orders summoning of high officials are being passed by the high courts and often it is nothing, but for the ego satisfaction of the learned judge.”
The bench said only in extreme and compelling situation, such power by the court should be exercised. It also laid out a few guidelines to be adhered to on such occasions. The officials must be given proper respect by the court and they should not be humiliated. Such senior officials need not be made to stand all the time when the hearing is going on, and they can be offered chairs by the court to sit. They need to stand only when answering or making a statement in the court. “The senior officials, too, have their self-respect, and if the court gives them respect, they in turn will respect the court. Respect begets respect,” said Justice Katju.
While delivering the verdict, the court set aside an order of the Gujarat High Court summoning the chief secretary and law secretary of Gujarat to be personally present before it in connection with the steps being taken to provide sufficient staff to the office of Government Pleader/Public Prosecutor to avoid judicial delay.
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