Don’t summon officials unnecessarily, says Supreme Court
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The Supreme Court stated on Friday that judges shouldn’t behave like “emperors” and summon authorities officials “at the drop of a hat”.
The Supreme Court stated there can be a “reaction” if judges cross the road of separation of powers between the judiciary and the chief to name officers to court docket “unnecessarily”. The apex court docket prescribed modesty and humility.
“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 of powers between judiciary and executive is sought to be crossed by summoning the officers and in a way pressurising them to pass an order as per the whims and fancies of the court,” a Bench of Justices S.K. Kaul and Hemant Gupta noticed in a judgment pronounced on Friday.
Third limb
Justice Gupta, who authored the judgment, stated officials had been additionally performing their duties because the third limb of 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 of officers frequently is not appreciable at all. The same is liable to be condemned in the strongest words,” the court docket noticed.
Judges should know their limits. The dignity and majesty of the court docket was not enhanced when an officer was known as to court docket. Respect to the court docket needed to be commanded and never demanded and the identical was not enhanced by calling public officers, Justice Gupta famous.
At instances, officials needed to journey nice distances and look ahead to hours in court docket. His official work was delayed, creating an additional burden on the officer
“Power of the pen”
“Summoning of the officer is against the public interest… Courts have the power of the 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,” Justice Gupta noticed within the verdict.
The observations had been a part of the judgment in an enchantment towards an Allahabad High Court resolution. The High Court had summoned the Secretary, Medical Health.
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