The Indian Civil and Administrative Services Officers’ Association (ICSA) on Thursday praised the Supreme Court’s January 3 judgment on the personal appearance of officials in court proceedings.

The judgment clarifies the law on officials’ appearances in court proceedings and establishes a standard operating procedure.
The ICSA said the judgment is “erudite and equitable” and demonstrates the fairness and majesty of India’s judicial system.

“The Indian Civil & Administrative Services Officers’ Association, on behalf of all IAS officers, expresses its deep appreciation for the landmark judgment of the Supreme Court on 3rd January (Civil Appeals No 23-24 of 2023 in the matters of State of Uttar Pradesh & Ors. Vs Association of Retired Supreme Court and High Court Judges at Allahabad & Ors.), which has clarified the law on personal appearance of officials in court proceedings and laid out a Standard Operating Procedure,” a release said.

The judgment of the three judges bench comprising of Chief Justice Dr DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra is erudite and equitable on one hand, and comprehensive and clear on the other, it said.

“It is a testimony to the fairness and majesty of India’s judicial system and reinforces the faith and trust that every citizen reposes in it,” the release added.
“For its part, the Association urges all officers to redouble their commitment to the implementation of orders of all courts with diligence and expedition, subject to lawful remedies and adherence to Government procedures,” the release said on Thursday.
Meanwhile, the Supreme Court has formulated a Standard Operating Procedure (SOP) to guide High Courts across the country in directing the personal appearance of government officials in the courts.

The apex court noted that courts must refrain from making humiliating remarks against government officers on their appearance, dress, etc. unless there is a violation of the dress code.

The Supreme Court said the personal presence of officers may be required in evidence, summary proceedings, etc., and apart from this if issues can be sorted out by affidavit then such personal presence may not be called for.
It added officers should not be made to stand during the entire proceeding unless needed or asked.

The Supreme Court said while summoning government officials, that advance notice must be given for adequate preparation and the first option for such appearance must be through video conferencing.

In August 2023, the apex court said that it would lay down guidelines for courts on summoning government officers in pending cases.
The verdict came on an appeal against an Allahabad High Court decision which had summoned two UP government officers who were taken into custody for not complying with its directions.