FIRDOUS AHMAD
SRINAGAR, Mar 26: The High Court of Jammu & Kashmir and Ladakh has issued a comprehensive Standard Operating Procedure (SOP) regulating the personal appearance of government officials in court proceedings.
This notification follows the Supreme Court’s directive issued in the matter of Civil Appeal Nos. 23-24 of 2024 in Special Leave to Appeal (C) Nos. 8575-8576 of 2023, titled “The State of Uttar Pradesh & Ors. Vs Association of Retired Supreme Court and High Court Judges at Allahabad & Ors.”
The notification, numbered 09 of 2025/RG and dated 26 March 2025, has been issued by the Registrar General of the High Court, Shahzad Azeem, directing all subordinate courts under the jurisdiction of the High Court of Jammu & Kashmir and Ladakh to adhere to the SOP in all relevant proceedings.
Scope of the SOP
The SOP will be applicable to all court proceedings involving the government, including civil and criminal cases, proceedings before the High Court, subordinate courts, and contempt of court proceedings.
Key Guidelines of the SOP
1. Personal Presence Pending Adjudication of a Dispute
The SOP categorizes court proceedings into three types:
Evidence-Based Adjudication: Proceedings that involve oral statements or documentary evidence where the personal presence of a government official may be necessary.
Summary Proceedings: Proceedings governed by High Court rules and principles of natural justice, often based on affidavits or documents, where physical presence may not be required.
Non-Adversarial Proceedings: Proceedings where a court may require the presence of a government official to clarify policy or technical matters beyond the knowledge of government law officers.
Presence Not Required Unless Necessary:
Physical presence should not be routinely directed if issues can be resolved through affidavits or documents.
The court may, however, direct the presence of an official if it suspects intentional withholding, misrepresentation, or suppression of facts.
Courts should not direct personal presence merely because the affidavit filed by the official does not align with the court’s view.
2. Procedure Before Directing Personal Presence
Video Conferencing as First Option: Courts should prefer allowing government officials to appear through video conferencing before summoning them physically.
Advance Notice for VC Link: The Registry must send video conferencing links at least one day prior to the hearing via SMS, email, or WhatsApp.
Recording of Reasons: If personal presence is deemed necessary, the court must record specific reasons justifying the requirement.
Adequate Notice: When personal appearance is ordered, due notice with sufficient time must be given to enable the official to prepare adequately.
3. Procedure During Personal Presence
When the court mandates the physical presence of a government official, the following guidelines must be followed:
Scheduled Time Slot: The court should, as far as possible, designate a specific time slot to address matters involving personal presence.
Dignity and Respect: Officials are not required to stand throughout the hearing and should only stand while responding or making statements.
No Humiliating Remarks: Courts should refrain from making oral remarks that could potentially humiliate the official.
No Comments on Appearance or Background: Courts should avoid making comments on the physical appearance, educational background, or social standing of the official.
Respect for Dress Code: Comments on attire should only be made if there is a violation of the specified dress code applicable to their office.
4. Timeframe for Compliance with Judicial Orders
Consideration of Policy Complexities: Courts must consider the complexity of policy matters and the multi-level decision-making involved before setting timelines for compliance with judicial orders.
Reasonable Timeframe: A reasonable timeframe should be provided for compliance, depending on the specifics of the case.
Request for Extension: If compliance within the initial timeframe is not feasible, the government may seek a revision, which the court may grant after a hearing.
5. Personal Presence in Contempt of Court Proceedings
Caution in Initiating Contempt Proceedings: Courts should exercise restraint and caution before initiating contempt proceedings.
Preliminary Notice for Contempt: A notice should be issued seeking an explanation from the alleged contemnor before directing personal presence.
Evaluation of Response: The court should assess the response before deciding on the next course of action.
Advance Notice and VC Option: When personal presence is required, sufficient notice should be given with an option for video conferencing as the first choice.
Consideration of Non-Compliance: In cases of non-compliance, courts should consider procedural delays or technical reasons and may allow an extension if required.
6. Addressing Non-Compliance and Extensions
Request for Extension: If difficulties arise in complying with a court order within the prescribed time, the contemnor may apply for an extension or stay before the issuing court or relevant appellate court.
Implementation and Compliance
The notification directs all courts under the jurisdiction of the High Court of Jammu & Kashmir and Ladakh to strictly follow these SOPs. It emphasizes that all procedures outlined must be adhered to for ensuring dignity, fairness, and professionalism during judicial proceedings involving government officials.
