Women Judge Complaints Against Lawyer of Insulting, Hurling Abuse At Her; Allahabad High Court Restrains Him From Practice Till Next Hearing.

(Judicial Quest News Network)

Following alleged misbehaviour by a lawyer in a women judge’s courtroom and a subsequent complaint by the judge Allahabad High Court on Monady passed an interiom order restraining him from practicing before any court in Uttar Pradesh till the next hearing of the case.

The Lawyer was accused of insulting, hurling abuses and misbehaving with lady judicial officer posted in Bulandshaher District.

A bench of Justices Ashani Kumar Mishra and Shiv Shanker Prasad passed the order in sou moto criminalcontempt case inititated against advocate Bharat Singh,on the reference made to court by lady judge.

“In the facts of the present case, we, therefore, invoke our jurisdiction under Chapter XXIV Rule 11 (2) of the Allahabad High Court Rules and prohibit the contemnor/opposite party from practicing law in any court within the State of Uttar Pradesh till the next date of listing”.the court ordered.

The Senior Superintendent of Police, Bulandshahr is also directed to take necessary steps to ensure the safety and security of the lady Judicial Officer, forthwith, and any act of aberration on the part of the contemnor shall be independently dealt with, in accordance with applicable provisions of law.

On 1st July, 2022, a lady Judicial Officer posted at outlying court at Khurja of Bulandshahr Judgeship has made a reference to this Court under Section 15 (2) of the Contempt of Courts Act, 1971 against the opposite party/contemnor, namely, Bharat Singh, Advocate, Khurja, Bulandhshar, in respect of the alleged criminal contempt committed by him, in her court, while she was holding the court proceedings.

The women judge in her communication said that last year December after the contemptuous act of contemnor she had to rise from her Dias and had to take shelter in herchamber.

Cognizance upon such reference has been taken by this Court by issuing notices to the opposite party/contemnor on 1st August, 2022 fixing 5th September, 2022 as the date for appearance of the contemnor and filing of his reply in the matter.

On 5th September, 2022 the proceedings were adjourned by three weeks awaiting service of notice upon the contemnor. The matter was again listed on 31st October, 2022 when the proceedings were adjourned on the illness slip of Ramesh Kumar Pandey, learned counsel appearing for the contemnor. Till date, however, no reply has been filed in the matter by the contemnor.

The court was also appraised that thought the Advocate was issued a notice by the Court in the matter on August 1 he failed to file a reply in the matter by January 2, 2023.

The Court took a stern action and came down upon him for adopting dealy tactics.

“Dilatory tactics apparently are being adopted by the contemnor while seeking adjournment before this Court. The contemnor allegedly has acted in a most irresponsible manner and his conduct leaves much to be desired. We 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.”

In the facts of the present case, we, therefore, invoke our jurisdiction under Chapter XXIV Rule 11 (2) of the Allahabad High Court Rules and prohibit the contemnor/opposite party from practicing law in any court within the State of Uttar Pradesh till the next date of listing. The Senior Superintendent of Police, Bulandshahr is also directed to take necessary steps to ensure the safety and security of the lady Judicial Officer, forthwith, and any act of aberration on the part of the contemnor shall be independently dealt with, in accordance with applicable provisions of law.

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, the bench added.

Special Council Mehrotra appeared for lady judge advocate Ramesh Kumar pandey represented the contemnor.

[Read Order]