KOLKATA: Supreme Court, striking down a Calcutta High Court order, has said a government officer should be summoned to appear in court only in exceptional cases, that too after first arranging a hearing through video-conference, and after the court records why a personal appearance is necessary.
The state government had challenged a Calcutta High Court order on March 13, where a division bench had ordered the South Dinajpur SP to personally appear before it on March 14 to explain certain omissions in a report filed by him in a narcotics and excise case.
The Supreme Court bench, consisting of justices B R Gavai and Sandeep Mehta, stated that the first appearance of an SP in court should be through video-conferencing if the High Court deems it necessary to summon him. The bench quashed the part of the High Court’s order that sought the SP’s personal appearance, stating that the reasons cited by the High Court for such an appearance were not exceptional and rare.
The Supreme Court bench also reiterated an earlier judgment where it had laid down a standard operating procedure for High Courts. The Court expressed that public officers should not be called to court unnecessarily and that the dignity and majesty of the court are not enhanced when an officer is called to court. Respect for the court should be commanded and not demanded, and this respect is not enhanced by calling public officers, as their presence comes at the cost of other official engagements demanding their attention.
On March 13, a Calcutta High Court division bench, consisting of justices Debangsu Basak and Md Shabbar Rashidi, noticed from case records that while one co-accused was granted bail, the state government was opposing the bail of another co-accused who was on a similar legal footing. The High Court was verbally informed that the state government had appealed against the earlier bail, but the SP’s undated report in court did not refer to it. Pointing out this apparent inconsistency, the High Court highlighted the gravity of the matter and the conduct of the state, emphasizing that the liberty of a citizen was involved in a narcotics-related police case. Therefore, the High Court ordered the SP to personally appear in court the next day and explain the state’s duality in the same case.
