Arbitrary court orders summoning govt officials contrary to Constitution: SC
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- January 03, 2024
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Home | India | SC: Spontaneous Summons to Govt Officials Violate Constitution The Supreme Court has voiced that spontaneous court summons to government officials oppose the constitution's scheme. The Chief Justice expressed that an official's differing opinion is not a valid reason for the courts to issue a summons. Reported by Telangana Today, Updated On 12:19 PM, Wed 3 January 24
New Delhi: The Supreme Court declared on Wednesday that unpredictable court summons issued to government officials during legal proceedings are inconsistent with the Constitution's blueprint. This concept was iterated by a panel consisting of Chief Justice D Y Chandrachud and justices JB Pardiwala and Manoj Misra.
The judges further outlined standard operating procedures (SOPs) urging courts to refrain from spontaneously summonsing officials. In delivering the ruling, the Chief Justice made it clear that the existence of divergent perspectives between an official and the court is not legitimate grounds for issuing a summons.
The Court order also advised judicial bodies to avoid making demeaning remarks about officers within their proceedings. It overturned the orders of the Allahabad High Court that had led to the apprehension of two secretaries from the finance department of Uttar Pradesh.
In a previous statement, the bench expressed its intent to establish broad guidelines that would guide court processes involving the calling of government representatives across the country.
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