J&K HC Adopts SC SOP On Court Appearances

(MENAFN- Kashmir Observer) Srinagar- The Chief Justice High Court of Jammu & Kashmir and Ladakh has adopted Standard Operating Procedure (SOP) issued by the Supreme Court regarding the personal appearance of Government Officials in Court Proceedings.

Among others, it underlines that the court should allow officers to appear before it through video conferencing. However in-person appearance of government officials shall continue in exceptional cases.

“This Standard Operating Procedure shall be applicable to all court proceedings involving the government in cases before this High Court and all other courts acting under their respective appellate and/or original jurisdiction or proceedings related to contempt of court,” reads a notification issued by the Registrar General of the Court Shahzad Azeem.

Based on the nature of the evidence taken on record, the proceedings have been broadly classified into three categories.

a. Evidence-based Adjudication: These proceedings involve evidence such as documents or oral statements, the SOP provide.“In these proceedings, a government official may be required to be physically present for testimony or to present relevant documents. Rules of procedure, such as the Code of Civil Procedure, 1908, or Criminal Procedure Code, 1973/Bhartiya Nagarik Suraksha Sanhita, 2023, govern these proceedings.”

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b. Summary Proceedings: These proceedings, often called summary proceedings, rely on affidavits, documents, or reports, the SOPs reads.

“They are typically governed by the Rules of the Court set by the High Court and principles of Natural Justice.”

c. Non-adversarial Proceedings: While hearing non adversarial proceedings, the court may require the presence of government officials to understand a complex policy or technical matter that the law officers of the government may not be able to address, it reads further.

“Other than in cases falling under Para 1.1(a) above (Evidence-based Adjudication), if the issues can be addressed through affidavits and other documents, physical presence may not be necessary and should not be directed as a routine measure.

Also the presence of a government official may be directed, inter alia, in cases where the court is prima facie satisfied that specific information is not being provided or is intentionally withheld, or if the correct position is being suppressed or misrepresented, it says.

The court, it says, should not direct the presence of an official solely because the official's stance in the affidavit differs from the court's view.

“In such cases, if the matter can be resolved based on existing records, it should be decided on merits accordingly.”

As regards procedure prior to directing personal presence, the SOP provide that in exceptional cases wherein the in-person appearance of government officials is called for by the court, the court should allow as a first option, the officer to appear before it through video conferencing.

“The invitation link for VC appearance and viewing, as the case may be, must be sent by the Registry of the court to the given mobile no(s)/e-mail id(s) by SMS/email/WhatsApp of the concerned official at least one day before the scheduled hearing.”

Additionally, the SOP provides that when the personal presence of an official is directed, reasons should be recorded as to why such presence is required.

“Due notice for in-person appearance, giving sufficient time for such appearance, must be served in advance to the official,” the SOP reads, adding,“This would enable the official to come prepared and render due assistance to the court for proper adjudication of the matter for which they have been summoned.”

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