On 26-12-2025, the High Court of Delhi notified the Personal appearance of Government Officials in Court Proceedings Rules, 2025 applicable to all Court proceedings involving the government in cases before the High Court of Delhi as well District Courts and Tribunals under the control and supervision of the High Court of Delhi, acting under their respective appellate and/or original jurisdiction or proceedings related to contempt of Court.
Key Provisions:
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Personal presence pending adjudication of a dispute: Based on the nature of the evidence, proceedings can be classified into 3 categories:
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Evidence- based Adjudication:
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Involve evidence such as documents or oral statements;
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A government official will be required to be physically present for testimony or to present relevant documents;
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These are governed by rules of procedure such as the Civil Procedure Code, 1908, the Criminal Procedure Code, 1973 / Bhartiya Nagarik Suraksha Sanhita, 2023.
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Summary proceedings:
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Also called summary proceedings;
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Rely on affidavits, documents or reports;
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Governed by Rules of the Court set by the High Court of Delhi and principles of Natural Justice.
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Non- adversarial proceedings: The Court will require the presence of government officials to understand a complex policy or technical matter that the law officers of the government might not be able to address.
Note: The Court will not direct the presence of an official solely because the official’s stance in the affidavit differs from the Court’s view. In these cases, if it is possible to decide the case on merits, then the matter can be resolved based on existing records.
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Procedure prior to directing personal appearance:
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In exceptional cases where the in-person appearance of a government official is called for by the Court, the Court should allow as a first option, the officer to appear before it through video conferencing.
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The Invitation Link for Video Conferencing appearance and viewing will be sent by the Registry of High Court of Delhi/ Reader/ Ahlmad of the District Court concerned to the mobile number/ email id by SMS/ email/ Whatsapp of the official concerned at least 1 day before the scheduled hearing.
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Procedure during the personal presence of Government officials:
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Scheduled Time Slot: The Court will designate a specific time slot for addressing matters where the personal presence of an official or a party is mandatory.
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Conduct of officials: The officials participating in proceedings need not stand throughout the hearing but at the time when they are responding to or making statements in Court.
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Any oral remarks which can humiliate the official have to be avoided.
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The Court will refrain from making comments on the physical appearance, educational background, or social standing of the official appearing before it.
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Courts will cultivate an environment of respect and professionalism.
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Time period for compliance with judicial orders by the Government:
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Ensuring compliance with judicial orders involving intricate policy matters necessitates navigating various levels of decision making by the Government.
Hence, the Court will consider these complexities before establishing specific timelines for compliance with its orders.
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If an order has already been passed, and the government seeks a revision of the specified time frame, the Court may entertain such requests and permit a revised, reasonable timeframe for the compliance of judicial orders, allowing for a hearing to consider modifications.
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Personal presence for enforcement/ contempt of Court proceedings:
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The Court will exercise caution and restraint when initiating contempt proceedings which will ensure judicious and fair process.
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In a proceeding instituted for contempt by willful disobedience of its order, the Court will ordinarily issue a notice to the alleged contemnor, seeking an explanation for their actions, instead of immediately directing personal presence.
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Following the issuance of the notice, the Court will carefully consider the response from the alleged contemnor. Based on their response or absence thereof, it will decide on the appropriate course of action. Depending on the severity of the allegation, the Court can direct the personal presence of the contemnor.
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In cases requiring the physical presence of a government official, it should provide advance notice for an in-person appearance, allowing ample time for preparation.
However, the Court will allow the officer as a first option, to appear before it through video conferencing.
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The Court will evaluate instances of non-compliance, taking into account procedural delays or technical reasons.
If the original order lacks a specified compliance timeframe, it will consider granting an appropriate extension to facilitate compliance.
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When the order specifies a compliance deadline and difficulties arise, the Court will permit the contemnor to apply for an extension or stay before the issuing court or the relevant appellate/higher Court.
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