Shivangi Prakash-
The Supreme Court yet again condemned the practice of summoning Government officials to Court, stating that “A practice has developed in certain High Courts to call officers at the drop of a hat and to exert direct or indirect pressure.”
Justices Sanjay Kishan Kaul and Hemant Gupta remarked that Courts must command respect rather than demand it and that inviting Government Officials to the Court does not increase respect for the Court.
“The dignity and majesty of the Court is not enhanced when an officer is called to court. Respect to the court has to be commanded and not demanded and the same is not enhanced by calling public officers,“ the Apex Court said in its judgment.
The Court went on to say that the presence of a Public official comes at the expense of other official responsibilities that require their attention. It went on to say that the police are sometimes required to travel vast distances.
In one such plea before the High Court, when an action against the appellant was delayed by the High Court, the authorities began contempt proceedings against him because he did not report for duty.
The Allahabad High Court summoned the Secretary, Medical Health, and demanded his physical appearance.
The Supreme Court found this to be alarming. It was claimed that in some High Courts, a practice of summoning officers at the drop of a hat and exerting direct or indirect pressure had emerged.
“The line of separation of powers between Judiciary and Executive is sought to be crossed by summoning the officers and in a way pressurizing them to pass an order as per the whims and fancies of the Court. The public officers of the Executive are also performing their duties as the third limbs of the governance,” the Apex Court said.
It went on to state that the officers’ acts or decisions are not for their own advantage, but that as custodians of public funds and in the interest of administration, some decisions must be made.
“It is always open to the High Court to set aside the decision which does not meet the test of judicial review but summoning of officers frequently is not appreciable at all. The same is liable to be condemned in the strongest words,” the Bench said.
As a result, the Court underlined that public officials should not be summoned to court unless it is absolutely necessary.
The Supreme Court also affirmed the State’s decision not to pay him back earnings, stating that the medical officer could not have dictated his posting without first joining the location where he was sent.
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