STATE OF GUJARAT versus TURABALI GULAMHUSSAIN HIRANI AND ANR.

Citation: [2007] 10 S.C.R. 531 · Decided: 04-10-2007 · Supreme Court of India · Bench: A.K. MATHUR · Disposal: Appeal(s) allowed

Judgment (excerpt)

j 
STAIB OF GUJARAT 
,A 
v. 
TURABALI GULAMHUSSAIN HIRANt AND ANR. 
OCTOBER 04, 2007 
B 
[A.K. MATHURAND MARKANDEY KAT JU, JJ.J 
Judicial propriety: 
Summoningofbureaucrats-Delayo/25 days infilingappealby c 
Government-High Court summoning the Law Secretary and Chief 
Secretary-Propriety of-Held: Not proper-Such summoning of 
senior Government officials to be done only in rare and exceptional 
case when there are compelling circumstances to do so and not in a 
routine manner-Judicial restraint-Practice and procedure. 
D 
The appellant-State had filed an appeal and an application for 
condoning delay of25 days in filing appeal on the ground that there was 
shortage of staff including stenographers in the office of Publi~ 
Prosecutor. 
The High Court by ~mpugned order directed the Chief Secretary 
and Law Secretary of the State Government to be personally present 
to apprise the Court about effective steps taken by them for providing 
sufficientstaff to the office of Government Pleader/Public Prosecutor. 
Aggrieved appellant-State filed the present appeal. 
Allowing the appeal, the Court 
HELD: 1. The High Court was totally unjustified in summoning 
E 
F 
the Chief Secretary and Law Secretary merely because there was, a G 
delay of 25 days in filing the appeal. (Para 4] [534-A, B] 
' 
2. The High Court has power to summon these officials, but that 
should be done in very rare and exceptional cases when there are 
compelling circumstances to do so. Such summoning orders should not 
531 
H 
532 
SUPREME COURT REPORTS 
[2007] 10 S.C.R. 
A be passed lightly or as a routine. (Para 7) (534-F] 
3. Judges should have modesty and humility. They should realize 
that summoning a senior official, except in some very rare and 
exceptional situation, and that too for compelling reasons, is counter 
B productive and may also involve·heavy expenses and valuable time of 
the officialconcerned. [Para 8) [534-G,H) 
4. The judiciary must have respect for the executive and the 
legislature. Judges.should realize that officials like the Chief Secretary, 
Secretary to the ,government, Commissioners, District Magistrates, 
C senior police officials etc. are extremely busy persons ~h~ a~e often 
working from morning till night. No doubt, the ministers lay down the 
policy, but the actual implementation of the policy and day to day running 
of the Government has to be done by the bureaucrats, and hence the 
bureaucrats are often working round the clock. If they are summoned 
D by the Court they will, of course, appear before the Court, but then a 
lot of public m()l!_ey and time may be unnecessarily wasted. Sometimes 
High Court Judges summon·high officials in far off places like Director, 
CBI or Home Secretary to the Government oflndia not realizing that 
it entails heavy expenditure like ~rranging of a BSF aircraft, cc;mpled 
E with public money and valuable time which would have been otherwise 
spent on public welfare. (Para 9) (535-A, B, C] 
5. Hence, frequent, casual and lackadaisical summoning of high 
officials by the Court cannot be appreciated. The Court is constrained 
F to make these observations because in large number of cases where 
such orden for summoning of high officials are being passed by the High 
Courts, it is nothing but for the ego satisfaction of the Judge. 
[Para 10) [535-D, E] 
G 
6. This does not mean that in no circumstances should an official 
be summoned by the Court. In some extreme and compelling situation 
that.may be done, but on such occasions also the senior official must be 
given proper respect by the Court and he should not be humiliated. Such 
senior officials need not be made to stand all the time when the hearing 
H is going on, and they can be offered a chair by the Court to sit. They 
J 
) 
STATE v. 1URABALI GULAMHUSSAIN HIRANI [KATJU, J.] 533 
need to stand only when answering or making a statement in the Court. A 
The senior officials too have their self-respect, and if the Court gives 
them respect they in tum will respect the Court. Respect begets respect. 
[Para 11] [535-F, F, G] 
7. There was no occasion or reason for the learned Judge to B 
summon the Chief Secretary or the Law Secretary by the impugned 
order. If the learned Judge was concerned about the lack of enough 
Stenographers in the office of the Public Prosecutor he could have called 
the Advocate General or Govt Advocate to his chamber and have asked 
him to convey the Court's displeasure to the government, but there was C 
no need

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