Delhi HC Issues Rules on Personal Appearance of Government Officials in Courts [Read Rules]

The “Personal Appearance of Government Officials in Court Proceedings Rules, 2025” was published by the Delhi High Court pursuant to their power granted under the provision of Section 7 of the Delhi High Court Act, 1966 (read in conjunction with Article 227 of the Constitution of India) and following the direction set forth in the Supreme Court’s judgement dated January 3rd, 2024, in the case of State of Uttar Pradesh & Ors. v. Association of Retired Supreme Court and High Court Judges at Allahabad & Ors.

Under authority of this rule, which has received the LieutenantGovernor's endorsement prior to its application, was published on December 26, 2025, and therefore possesses full authority beginning on December 26, 2025.

Scope and Applicability

The Rules apply to all court proceedings involving the government before:

• The Delhi High Court, and
• District Courts and Tribunals under its control and supervision, including proceedings relating to contempt of court, whether under original or appellate jurisdiction.

Classification of Proceedings

Based on the nature of evidence on record, court proceedings are broadly classified into:

1. Evidence-Based Adjudication - Proceedings involving documentary or oral evidence, where a government official may be required to be physically present for testimony or production of documents. Such proceedings are governed by procedural laws including the Code of Civil Procedure, 1908 and the Code of Criminal Procedure, 1973 / Bharatiya Nagarik Suraksha Sanhita, 2023.
2. Summary Proceedings - Proceedings primarily based on affidavits, documents, or reports, governed by the rules of the Delhi High Court and principles of natural justice.
3. Non-Adversarial Proceedings - Proceedings where the court may require the presence of government officials to understand complex policy or technical issues not adequately addressed by government law officers.

Except in evidence-based adjudication, where issues can be addressed through affidavits and documents, physical presence should not be directed as a routine measure.

Circumstances Warranting Personal Presence

The personal presence of a government official may be directed where the court is prima facie satisfied that:

• Specific information is not being provided,
• Information is intentionally withheld, or
• The correct factual position is being suppressed or misrepresented.

The Rules clarify that personal presence should not be directed merely because the stand taken in an affidavit differs from the court’s view, if the matter can be decided on the basis of the existing record.

Procedure Prior to Directing Personal Appearance

Where the court considers personal presence necessary:

• Video conferencing shall be the first option.
• Reasons for directing personal presence must be recorded in writing.
• Advance notice must be given, allowing sufficient time for preparation.
• Video conferencing links must be shared at least one day prior to the scheduled hearing via SMS, email, or WhatsApp.

Procedure During Personal Appearance

When personal appearance is directed:

• Courts should, where possible, assign a specific time slot.
• Government officials are not required to remain standing throughout the proceedings and need stand only when responding or making statements.
• Courts must avoid oral remarks that may humiliate officials.
• Comments on physical appearance, educational background, social standing, or attire of officials should be avoided, except where there is a violation of an applicable dress code.
• Courts are required to maintain an environment of respect and professionalism.

Time for Compliance with Judicial Orders

The Rules recognise that compliance with judicial orders involving policy matters may require multiple levels of decision-making. Accordingly:

• Courts should consider such complexities before fixing timelines.
• A reasonable timeframe, based on the facts of the case, should be allowed.
• Courts may entertain requests for revision or extension of time for compliance.

Personal Presence in Contempt Proceedings

In matters relating to contempt or enforcement:

• Courts should exercise caution and restraint.
• Ordinarily, a notice seeking explanation should be issued before directing personal presence.
• Personal presence may be directed after considering the response and gravity of allegations.
• Even in contempt proceedings, video conferencing should be allowed as the first option.
• Procedural delays or technical reasons should be considered while assessing non-compliance.

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