There is no need to take permission from the Supreme Court (SC) or consult it in case of foreign trips by judicial officers working on deputation, the law ministry has said.
The cold war between the law ministry and the apex court over the SC’s permission in case of foreign visits by judicial officers working on deputation is continuing.
The law ministry has been able to secure the approval of the President on the issue and issued a circular on May 16, saying that the High Court (HC) circular issued on May 9 relating to consultation with the SC for judicial officers going abroad would not be applicable for those judicial officers working on deputation.
In its circular, the apex court ordered the judicial officers working on deputation at the Supreme Court, law ministry, Parliament secretariat, Election Commission secretariat and in other offices to not go abroad without taking permission from the Supreme Court.
Earlier, the Supreme Court, in another circular issued on February 14, 2016, had directed the law ministry to ensure the provision of consulting the Supreme Court in the case of foreign visits and trips for other purposes by the judicial officers working on deputation.
After taking approval from the President, the law ministry issued a counter-circular on April 11, 2016, stating that there was no need for consultations with the Supreme Court by the judges of lower courts, who were working on deputation in various offices, for going abroad.
Following the President’s approval, judicial officers working on deputation in various offices have been going abroad without taking permission from the apex court.
Ignoring the presidential rule over the matter, however, the Supreme Court on May 9 this year issued a circular saying that consultation with the apex court is mandatory for going abroad. This is unprecedented, according to the law ministry’s circular issued on May 16. The law ministry circular said the
apex court’s circular was unprecedented and unwanted. The SC circular had also added that the apex court would take disciplinary action against those officers working on deputation if they went abroad without consulting the apex court.
The law ministry circular said that the President’s decision is mandatory for all institutions. Hence, all circulars issued against the President’s decision relating to the foreign visits by judicial officers working on deputation were ineffective, it noted.