New Delhi: In the name of streamlining court proceedings involving government officials, the Centre has submitted a proposal for a draft Standard Operating Procedure (SOP) that calls for necessary restraint, suggesting that officials should be summoned only in exceptional cases. The SOP was submitted before the Supreme Court by Solicitor General Tushar Mehta.
The draft SOP emphasizes that summonses to government officials should be issued "only in exceptional cases and not as a matter of routine." It advocates for prior notices to be given, allowing ample time for officials to appear. The government also suggests that officials' first option, even in exceptional cases, should be to "appear virtually."
The Centre's proposal extends the call for restraint to contempt cases as well, suggesting that judges should avoid sitting on contempt proceedings related to their own orders. For cases of criminal contempt, the SOP recommends that courts only penalize officials if their actions were 'wilful.'
Furthermore, the draft SOP urges courts to focus solely on the legality of orders passed by government officials or quasi-judicial authorities, rather than repeatedly summoning officials during regular appeals. It also discourages making comments on officials' appearance or background, unless it is deemed unprofessional.
In certain policy matters, the Centre suggests that courts may refer cases back to the executive branch for further action. Regarding the implementation of court orders, the SOP proposes allowing a "reasonable timeframe" as requested by the government.
This proposed SOP seeks to strike a balance between the judiciary's oversight role and the efficient functioning of government operations.