SC warns High Courts not to summon Govt. Officials unnecessarily

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SC warns High Courts not to summon Govt. Officials unnecessarily

The Supreme Court warned High court judges flaunting constitutional powers, mainly to satisfy their ego, to summon senior bureaucrats to the court will have a disastrous effect on governance reports the Indian Express

“We are coming across many orders where HC judges are summoning executive officials routinely, casually, and sometimes even at the drop of a hat. This is most improper,” said Justices Markandey Katju and Gyan Sudha Misra.
This order of the court came in a case where it found it was improper on the part of the Allahabad High Court to summon the UP government’s principal health secretary for non-compliance of its 21-year-old order. The Bench said the apex court had repeatedly advised that senior government officials must not be summoned except in exceptional cases.

The judges said that ‘it is only in some extreme cases where the high court is convinced that deliberately the orders of the court have been ignored in the spirit of defiance that it may summon the officials to explain why the orders of the court have not been complied with.'”We are repeatedly coming across a large number of cases where such orders are being passed by the high courts and often it is only for the ego satisfaction of the judge. Judges should not have any ego problem. In particular, members of the higher judiciary (HC and Supreme Court) should have modesty and humility,” the Bench said. Flaunting of constitutional powers to summon senior bureaucrats brings judiciary to disrepute, the court said advising the judges to show respect to high-ranking officials of the executive.

“The system functions on mutual respect between the judiciary and the executive. While the judiciary must respect the executive, at the same time, the executive must also respect the judiciary. If we do not respect each other, the system will collapse,” the court said. So, if the executive does not implement a judicial order, what should the high court do? The Bench said the HC must first explore options of getting the order complied by asking the advocate-general to inform the concerned official about non-implementation of the order.

Source : Indian Express

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  1. poornima says:

    Civil servants have stopped respecting the orders of Court. What is the use of punishing the lowly paid employees. To infuse fear and to ensure rule of law has relevance only the persons responsible should be punished. May be it is the opinion of Mr. Katju and not the court as a whole.

  2. Rabi Kanungo says:

    Ego problem in India is a feudal phenomenon and judges are no exception to it.

  3. Nidhi says:

    very well said…both Judiciary and executive should learn to respect each other…..

  4. P.K.Samadhiya says:

    I am a Railway officer dealing with Emergency quota allotment.I have been asked to be present at the residence of an Hon’ble high court justice, Allahabad as I could not release quota in favour of his relatives since the Quota berths were automatically gone for cancer patient.

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