UP: Allahabad HC rejects advocate's plea to recall order for 6 months jail in contempt case
28-May-2025 10:54 PM 7807
Mainpuri (UP), May 28 (Reporter) The Lucknow bench of the Allahabad high court has refused to recall its earlier order sentencing a local advocate to six months' simple imprisonment in a contempt case pertaining to misconduct in open court in 2021. The order was passed by a division bench, comprising Justices Vivek Chaudhary and Brij Raj Singh, on an application moved by advocate Ashok Pandey seeking recall of the court's April order. Adv Pandey was found guilty of committing criminal contempt of court by the division bench, as it concluded that his conduct showed that he treats the judicial process with 'utter disdain' and continued to undermine the dignity and integrity of the institution with impunity. Adv Pandey, who was also restrained from practising law in Prayagraj and Lucknow for a period of three years, had moved the recall plea mainly on the ground that he was not separately heard on punishment. Before the division bench, his sole submission was that the Supreme Court, while holding senior advocate Prashant Bhushan guilty of contempt, punished him by imposing a fine of Re 1 only. Likewise, he should also be punished by imposing a fine of Re 1 only. The bench, however, rejected his plea as it noted that since Adv Pandey has already been punished in a contempt matter and he is facing six other contempt pleas, and thus, it is not possible to grant him parity with the case of Senior Advocate Bhushan. Furthermore, the court also refused to accept his 'unconditional' apology while taking into account his previous conduct and punishments and observing that his apology was not 'bona fide'. The court observed, "We also do not find any reason to make any modification in the punishment awarded to the contemnor by order dated April 10 of six months' simple imprisonment and fine of Rs 2,000, and in case of failure to pay the fine within one month, the contemnor shall undergo further imprisonment of one month." Adv Pandey has been directed to surrender before the Chief Judicial Magistrate (CJM), Lucknow, within two months and also to deposit a fine of Rs 2,000 before the senior registrar of this court within one month. Notably, the initiation of contempt proceedings against Adv Pandey are that, on August 18, 2021, when the court assembled in the morning, he appeared before the court in improper attire, that is in civil dress with his shirt unbuttoned. When the court advised him to appear in decent dress, he defied the Court's direction, refused to wear the advocate's uniform and even questioned the court's definition of 'decent dress'. Thereafter, he created a disturbance, used foul language, which, in the court's opinion, amounted to scandalising the court and attempting to lower its authority in the eyes of the advocates and others present...////...
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