The Union government has come up with a draft Standard Operating Procedure (SOP) regarding the appearance of government officials in courts and contempt proceedings against them.
The Centre has proposed to apply the SOP to all government-related matters heard by the Supreme Court, High Courts and lower courts.
In the SOP, the Centre has suggested that judges should not adjudicate contempt proceedings relating to their own orders, relying on the legal maxim that no judge can be a judge in their own cause. It further recommended that in case of criminal contempt, the courts should punish officials only if the act was ‘willful’.
As per the SOP, no contempt should be initiated in case of statements made in court by government counsels contrary to the stand of the government affirmed through its affidavit/written statement or reply submitted before the court.
It said that compliance in matters in the executive domain must not be insisted upon by courts and contempt would not lie against such orders.
As per the Union government, it was a settled law that for a contempt action to lie, it was necessary for the parent order to be an enforceable order. Therefore, compliance should not be insisted upon by the court directing a particular outcome, especially on matters in the executive domain.
It further suggested that before initiating contempt proceedings, the plea for review on behalf of the government must be considered by higher courts, if it was pointed out that certain points of law were not considered during adjudication.
The Centre further recommended that in cases where a review petition has been admitted against a contempt order of a lower court, the lower court should take cognisance of the same and not initiate any related contempt proceedings in the said matter.
It noted that if contempt proceedings have already been initiated, It must be kept in abeyance at the lower court until the decision was made on the review petition.
The SOP said it aimed at creating a more ‘congenial and conducive environment’ between the Judiciary and the Government with a view to improve the overall quality of compliance of Judicial orders by the Government, thereby minimising the scope for contempt of court.