1. Challenge to High Court direction requiring the personal appearance of a jurisdictional Superintendent of Police in court proceedings. (Para 2 )
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2024 Supreme(SC) 1298
SUPREME COURT OF INDIA
B.R. GAVAI, SANDEEP MEHTA, JJ.
The State Of West Bengal – Appellant
Versus
Ganesh Roy - Respondent
Criminal Appeal No. of 2024(Arising out of SLP(Crl.) Nos. 5351-5352 of 2024)
Decided on : 22-04-2024
Important Points
The court established that public officers should not be summoned unnecessarily, emphasizing the importance of their official duties and the need for respect towards the judiciary.
Subject
Judicial Review - Separation of Powers
Headnote
(A) Constitution of India - Separation of Powers - The court reiterated that public officers should not be summoned unnecessarily, emphasizing the need for respect and dignity in court proceedings. The presence of officers should be through video conferencing unless exceptional circumstances arise. (Paras 3, 4, 7, 8)
(B) Standard Operating Procedure - The court laid down SOPs for the personal appearance of government officers, allowing video conferencing as a first option and requiring recorded reasons for personal presence. (Paras 4, 5)
(B) Standard Operating Procedure - The court laid down SOPs for the personal appearance of government officers, allowing video conferencing as a first option and requiring recorded reasons for personal presence. (Paras 4, 5)
Legal Category Hierarchy
Advocates:
Advocate Appeared:
For the Petitioner: Mr. Biswajit Deb, Sr. Adv., Mr. Anando Mukherjee, AOR, Mr. Shwetank Singh, Adv.
Advocate Appeared:
For the Petitioner: Mr. Biswajit Deb, Sr. Adv., Mr. Anando Mukherjee, AOR, Mr. Shwetank Singh, Adv.
Table of Contents
2. The State challenged the High Court's direction for the personal presence of a police officer as contrary to established guidelines and separation of powers. (Para 2 )
3. Summoning public officers unnecessarily disrupts administration and violates separation of powers; video conferencing should be the primary alternative in exceptional cases. (Para 3 , 7 , 8 )
4. Personal appearance of government officers is permitted only in exceptional cases, requiring recorded reasons and a primary preference for video conferencing. (Para 4 , 5 , 6 )
5. The order directing the personal presence of the jurisdictional Superintendent of Police is quashed and set aside. (Para 9 , 10 )
6. Under what circumstances should government officers be summoned for personal appearance in court?
Public officers should not be summoned unnecessarily to avoid disrupting official duties. Personal appearance is permitted only in exceptional cases where the court records specific reasons for the necessity of such presence. (Para 3 , 6 )
7. What is the prescribed procedure for the appearance of government officers in exceptional cases?
In exceptional cases where the court finds the presence of a government officer necessary, such appearance should be permitted through video conferencing at the first instance. (Para 5 , 7 )
8. How does the summoning of executive officers impact the separation of powers?
Summoning officers to exert direct or indirect pressure to pass orders according to the court's whims crosses the line of separation of powers between the Judiciary and Executive. (Para 3 )
ORDER :
1. Leave granted.
2. The appellant-State is aggrieved with the direction issued by the High Court of Calcuta thereby directing the jurisdictional Superintendent of Police to personally remain present in Court.
3. This Court, in the case of State of Uttar Pradesh Vs. Manoj Kumar Sharma reported in (2021) 7 SCC 806, has observed thus:
17. A practice has developed in certain High Courts to call officers at the drop of a hat and to exert direct or indirect pressure. The line of separation 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.
18. The public officers of the Executive are also performing their duties as the third limbs of the governance. The actions or decisions by the officers are not to benefit them, but as a custodian of public funds and in the interest of administration, some decisions are bound to be taken. It is always open to the High Court to set aside the decision which does not meet the test of judicial review, but summoning officers frequently is not appreciable at all. The same is liable to be condemned in the strongest words.
x---x----x----x
21. Thus, we feel, it is time to reiterate that public officers should not be called to court unnecessarily. 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 the public officers. The presence of public officer comes at the cost of other official engagement demanding their attention. Sometimes, the officers even have to travel long distance. Therefore, summoning of the officer is against the public interest as many important tasks entrusted to him get delayed, creating extra burden on the officer or delaying the decisions awaiting his opinion. The court proceedings also take time, as there is no mechanism of fixed time hearing in courts as of now. The courts have the power of pen which is more effective than the presence of an officer in court. If any particular issue arises for consideration before the court and the advocate representing the State is not able to answer, it is advised to write such doubt in the order and give time to the State or its officers to respond.”
4. Pursuant to these observations, 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 Pradesh & Ors. Vs. Association of Retired Supreme Court and High Court Judges at Allahabad & Ors. reported in (2024) SCC Online SC 14.
5. 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.
6. It has been further laid down that the Court should also record its reasons as to why the personal presence of the Government Officer in the Court is necessary.
7. 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.
8. 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.
9. In that view of the matter, the part of order which direct the personal presence of the jurisdictional Superintendent of Police is quashed and set aside.
10. The appeals are allowed in part in the above terms.
11. Pending applications, if any, stand disposed of.
