“In exceptional circumstances wherein there is no option other than the concerned government official to be present in person in the court, due notice for in-person appearance, giving sufficient time for such appearance, must be served in advance to such official,” it added.
The SOP also suggested that contempt of court proceedings against officials can only lie with respect to enforceable orders and not for matters lying in the executive domain, merely to ensure a particular outcome.
Moreover, courts should not initiate contempt of court proceedings where the action in question is not wilful.
Before the initiation of contempt of court proceedings, prayers for review on behalf of the government may be entertained by higher courts on the law points allegedly not considered earlier, it added.
Pertinently, the SOP emphasised that judges should not ideally sit on contempt proceedings relating to their own orders.
The SOP also said that judges should avoid commenting on the dress or social background of government officials who are asked to appear in courts and there should be no objection to them appearing in their work dress as long as the same is not unprofessional.
Source: Barandbench
