NEW DELHI: The Supreme Court bench headed by Chief Justice DY Chandrachud stated that courts should only require personal appearances for government officials in exceptional circumstances. The bench also laid down guidelines for this.

If the presence of the officer is necessary, the reasons should be mentioned in the notice. Video conferencing should be allowed as the first option. "The court should not direct the presence of an official solely because the official's stance in the affidavit differs from the court's view. In such cases, if the matter can be resolved based on existing records, it should be decided on merits accordingly," the bench said.

Sufficient time should be given to the officer to come prepared. The officer need not remain in the court for the duration of the hearing. The court shouldn't make humiliating remarks against government officers on their appearance, dress, educational qualifications etc. There should be an atmosphere of respect and professionalism. Caution and restraint should be exercised when initiating contempt proceedings for non-implementation of an order. Instead of requiring attendance, an explanation should be sought first. The guidelines are applicable to Supreme Court, High Courts, and lower courts. High Courts were also directed to formulate rules based on the guidelines.

"The Chief Justice did not have the competence to frame the rules under Article 229 of the Constitution. Further, the High Court, acting on the judicial side, does not have the power to direct the Government to frame rules proposed by it on the administrative side," the bench said.

In June 2023, the Supreme Court stayed the Allahabad High Court's order by which Uttar Pradesh's then Finance Secretary S M A Rizvi and Special Secretary (Finance) Sarayu Prasad Mishra were taken into custody for failing to comply with its order to provide certain post-retirement benefits for judges.

Can be summoned

If presence is necessary for collection of evidence

If the information requested by the court is not provided

If the information is hidden or misleading

Should not be summoned

In cases where only affidavit or documents are sufficient

If the affidavit is contrary to the position of the court

Do not mention the officer's education and social background