[ad_1]
NEW DELHI: Deprecating the practice of higher courts summoning government officials for their personal appearance “at the drop of a hat”, the Supreme Court has said judges must exercise their powers within limits of modesty and humility and should not behave like emperors.
A bench of Justices Sanjay Kishan Kaul and Hemant Gupta said such practice must be “condemned in the strongest word” as it also violates the principle of separation of powers between judiciary and executive. Advising the judges not to resort to such practice, the bench said respect to the court has to be commanded and not demanded and the same is not enhanced by calling public officers.
“The public officers of the executive are also performing their duties as the third limbs of governance. The actions or decisions by the officers are not to benefit them, but as a custodian of public funds and in the interest of administration, some decisions are bound to be taken. It is always open to the high court to set aside the decision which does not meet the test of judicial review but summoning of officers frequently is not appreciable at all. The same is liable to be condemned in the strongest words,” the bench said.
The apex court noted in its judgment that “a practice has developed in certain high courts to call officers at the drop of a hat and exert direct or indirect pressure. The line of separation of powers between judiciary and executive is sought to be crossed by summoning the officers and in a way pressuring them to pass an order as per the whims and fancies of the court”.
Referring to its earlier verdict in which the court had advised judges to be humble while exercising the powers granted under the Constitution, the bench said, “They must have modesty and humility, and not behave like emperors. The legislature, executive and judiciary all have their own broad spheres of operation. It is not proper for any of these three organs of the state to encroach upon the domain of another, otherwise the delicate balance in the Constitution will be upset, and there will be a reaction.”
The court passed the order while adjudicating a service dispute between a medical officer and the UP government by setting aside the HC order directing the state to give 50% back wages to a doctor for a period of 13 years of legal dispute during which he did not discharge his duty as government doctor and did private practice. The court noted that the HC, while hearing the case, had summoned many public officials to appear.
“We feel it is time to reiterate that public officers should not be called to court unnecessarily.”
A bench of Justices Sanjay Kishan Kaul and Hemant Gupta said such practice must be “condemned in the strongest word” as it also violates the principle of separation of powers between judiciary and executive. Advising the judges not to resort to such practice, the bench said respect to the court has to be commanded and not demanded and the same is not enhanced by calling public officers.
“The public officers of the executive are also performing their duties as the third limbs of governance. The actions or decisions by the officers are not to benefit them, but as a custodian of public funds and in the interest of administration, some decisions are bound to be taken. It is always open to the high court to set aside the decision which does not meet the test of judicial review but summoning of officers frequently is not appreciable at all. The same is liable to be condemned in the strongest words,” the bench said.
The apex court noted in its judgment that “a practice has developed in certain high courts to call officers at the drop of a hat and exert direct or indirect pressure. The line of separation of powers between judiciary and executive is sought to be crossed by summoning the officers and in a way pressuring them to pass an order as per the whims and fancies of the court”.
Referring to its earlier verdict in which the court had advised judges to be humble while exercising the powers granted under the Constitution, the bench said, “They must have modesty and humility, and not behave like emperors. The legislature, executive and judiciary all have their own broad spheres of operation. It is not proper for any of these three organs of the state to encroach upon the domain of another, otherwise the delicate balance in the Constitution will be upset, and there will be a reaction.”
The court passed the order while adjudicating a service dispute between a medical officer and the UP government by setting aside the HC order directing the state to give 50% back wages to a doctor for a period of 13 years of legal dispute during which he did not discharge his duty as government doctor and did private practice. The court noted that the HC, while hearing the case, had summoned many public officials to appear.
“We feel it is time to reiterate that public officers should not be called to court unnecessarily.”
[ad_2]
Source
