New Delhi, Jul 10 (ILNS)The Supreme Court in a judgement pronounced on Friday, July 9, emphasised that public officers should not be called to court unnecessarily, the Supreme Court said that the judges must know their limits and they must have modesty and humility, and not “behave like emperors”. The dignity and majesty of the Court is not enhanced when an officer is called to court, said the Top Court.
A bench comprising Justice Sanjay Kishan Kaul and Justice Hemant Gupta said, “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 Court said that, “Respect to the court has to be commanded and not demanded and the same is not enhanced by calling 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.”
The Court further said that the summoning of the officer is against the public interest as many important tasks entrusted to a public officer gets 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, then the Apex court through its judgment advise the concern judge to write such doubt in the order and give time to the State or its officers to respond.
The Apex court made this strong observation while hearing an appeal, where the Allahabad High Court had summoned UP’s Secretary, Medical Health. In the matter pertaining to transfer of Surgeon from Uttarkashi, Uttarakhand to Badaun, Uttar pradesh.
The bench in its judgement also noted that the line of separation of powers between judiciary and executive is sought to be crossed by summoning the officers and in a way, putting pressure on them to pass an order as per the whims and fancies of the court. ILNS/ABV/SNG