Allahabad High Court: In a suo motu contempt application against an Advocate, the division bench of Ashwani Kumar Mishra and Shiv Shanker Prasad, JJ. while invoking its jurisdiction under Chapter XXIV Rule 11 (2) of the Allahabad High Court Rules, prohibited the contemnor from practicing law in any court within Uttar Pradesh till the next date of listing. Further, directed the Police to take necessary steps to ensure the safety and security of the lady Judicial Officer.
In the case at hand, a lady Judicial Officer posted at outlying court at Khurja of Bulandshahr Judgeship has made a reference to the Court under Section 15 (2) of the Contempt of Courts Act, 1971 against an Advocate, in respect of the alleged criminal contempt committed by him, in her court, while she was holding the court proceedings. The lady Judicial Officer has informed that on account of such contemptuous act of the contemnor she had to rise from her dais and had to take shelter in her Chambers to protect her life, liberty and dignity. Again on 21-12-2022 she was insulted and misbehaved with, publicly, and threatened by the contemnor. The contemnor allegedly has made statements in open court daring anyone to challenge him.
The Court noted that notices were issued to the contemnor and a date was fixed for his appearance and filing of his reply in the matter. However, till date no reply has been filed in the matter by the contemnor.
The Court said dilatory tactics are being adopted by the contemnor while seeking adjournment before the Court. He allegedly has acted in a most irresponsible manner and his conduct leaves much to be desired. Further, it said that it cannot allow the rule of law to be thrown to winds at the hands of an unscrupulous contemnor. Acts of intentional disrespect to a lady Judicial Officer will have to be viewed seriously and dealt with strictly or else the judicial system would collapse.
Therefore, the Court prohibited the contemnor from practicing law in any court within Uttar Pradesh till the next date of listing and directed the District Judge (Bulandhshar) to ensure that necessary action be taken for the safety and security of the lady Judicial Officer and the court proceedings are not hampered or interfered with in any manner by the contemnor or anyone else supporting him.
The matter will next be taken up on 12-01-2023.
[In Re, High Court v Bharat Singh, Contempt Application (Criminal) No. – 11 of 2022, order dated 02-01-2023]
Appearances:
Counsel for Applicant: – Advocate Sudhir Mehrotra
Counsel for Opposite Party: – Advocate Ramesh Kumar Pande
Apoorva Goel, Editorial Assistant has reported this brief.
