Govt dos and don’ts for judges include refusing a cup of coffee

Justifying its stand in setting up ‘bizarre’ guidelines issued by the law ministry to regulate the foreign visits of judges of the Supreme Court and high courts, the government said that it was necessary to maintain the dignity of the high office they hold.

According to the guidelines, judges on a private foreign trip have no choice except “politely refuse” a cup of coffee offered by a foreign judge, a sandwich offered by a friendly co-passenger?

Filing an affidavit before a division bench headed by Justice Pradeep Nandrajog, the government said, “The guidelines have only been complied to facilitate processing of proposals of foreign visits of the judges without any delay while maintaining the dignity of the high office they hold.”

“Guidelines in no way infringes on the independence of the judiciary and its judges,” the government stated stressing that the court should vacate the stay on the said guidelines by the law ministry.

“Permission and clearance from the MEA from Foreign Contribution Regulation Act (FCRA) angle for accepting foreign hospitality and political clearance from since the visits relate to constitutional appointees. The details of budget, expenditure where applicable are sought to avoid any back reference and consequential delay. For official foreign visits, details of expenditure are needed for financial angle and the requirement of Indian missions abroad,” the affidavit reads.

“To facilitate the foreign visits of the judges and to maintain the dignity of high office they hold and not to impose any restrictions on them. Similar instructions are in existence for all government functionaries including ministers,” the government said.

Staying the operation of the circular, the court had earlier pulled up the government for its “over enthusiastic” behaviour and trashed most guidelines for visits abroad by judges.

The court direction came on an application by a lawyer who claimed that the executive sought to intrude upon the independence of the judiciary and impose unreasonable restrictions in the name of guidelines.

The row has its origins in a memorandum issued on February 15 by the law ministry’s Department of Justice, laying down an 11-point “comprehensive set of guidelines and instructions” for “compliance” by the Chief Justice of India and judges of the Supreme Court and high courts.

Guideline makes it clear that any proposal for a private visit by a judge has to be sent to the ministry for approval, routed via the Chief Justice of India or the high court chief justice.