SC directs J&K High Court to avoid unnecessary summoning of J&K officials

New Delhi, Jan 4: In a significant development, the Supreme Court on Thursday intervened in the matter of the Jammu and Kashmir administration officials repeatedly summoned by the J&K High Court (HC), urging the HC to desist from unnecessary insistence on their appearances concerning the establishment of posts within the HC.

The directive came during the consideration of a special leave petition lodged by the aggrieved J&K administration, expressing discontent over the continuous summoning of its officials by HC.

A Division Bench comprising Justices Hrishikesh Roy and Prashant Kumar Mishra granted permission for the continuation of proceedings before the HC but emphasised refraining from unnecessarily demanding the personal presence of officials.

Advocate K M Nataraj, representing the J&K government, argued before the Supreme Court that the HC had expanded the scope of the petition (SWP 2037/2017) beyond its originally limited scope.

Nataraj highlighted the repeated summoning of senior J&K government officers, despite certain posts having already been established, with further posts under consideration in a phased manner.

The Additional Solicitor General (ASG) informed the court that the High Court had issued orders on multiple occasions, compelling J&K officials to appear personally, and had even resorted to coercive measures, including directives to halt the salaries of these officers.

Referring to a related case stemming from the same writ proceedings, the Supreme Court mentioned that a Division Bench had issued a notice and imposed a stay on certain coercive directions outlined in the contested order.

Acknowledging that some positions had already been created, with the J&K government deliberating on establishing more positions in stages, the bench criticised the HC for pressuring the government to act swiftly by repeatedly listing the case and demanding personal appearances of officials.