CENTRE PROPOSED IN DRAFT SOP: JUDGES NOT TO HEAR CONTEMPT PROCEEDINGS WHICH RELATES TO THEIR OWN ORDER

The Centre proposed a draft Standard Operating Procedure, SOP with regards to the appearance of the Government officials and the contempt proceedings which are initiated against the government officials.

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The Centre suggested that the judges should not adjudicate contempt proceedings which relates to their own order, wherein the Centre relied on the maxim that no judge can be a judge in their own cause.

It has also been suggested by the SOP that in the case of criminal contempt, the said court should punish officials only if the said act was 'willful'.

The draft of SOP stated that no contempt should be initiated in case of statements made in court by counsel appearing for the government which being contrary to the stand of the Government affirmed through its affidavit, the written statement or reply submitted before the court.