Important Point
High Court can invoke powers and jurisdiction vested in it under Article 215 (to punish for its contempt) of the Constitution but such a jurisdiction has to be exercised in accordance with the procedure prescribed by law (in this case the procedure prescribed under Chapter XXXV-E of Allahabad High Court Rules, 1952).

Headnote:Constitution of India-Art. 215 -Contempt of Courts Act, 1971-Sections 14 and 19-Allahabad High Court Rules, 1952 - Ch. XXXV-E-Rules 7 and 8-Contempt of Court - Procedure - Appellants alleged to have interrupted Court proceedings, forced Judges to rise and retire using abusive language-Court holding appellants guilty of contempt of Court and awarding sentence on same day without issuing show cause-Whether sustainable in law? (No)-Proper course-Transfer of matter to Allahabad High Court for appropriate action.
Held : After hearing learned counsel for the parties and after going through the materials placed on record, we are of the opinion that the Court while passing the impugned order had not followed the procedure prescribed by law. It is true that the High Court can invoke powers and jurisdiction vested in it under Article 215 of the Constitution of India but such a jurisdiction has to be exercised in accordance with the procedure prescribed by law. It is in these circumstances, the impugned order cannot be sustained. The next question that needs to be considered by us is as to what proper order could be passed in the circumstances of this case. The incident in question had taken place at Lucknow Bench of the Allahabad High Court. With a view to avoid embarrassment to the parties and since both the learned Judges leased to be the Judges of the Allahabad High Court, it would be in the interest of justice to transfer the contempt proceedings to the principal seat of the High Court at Allahabad. The learned Chief Justice of the Allahabad High Court is requested to nominate the Bench to hear and dispose of the above contempt proceedings. It is needless to state that the procedure prescribed under Chapter XXXV-E of the Allahabad High Court Rules, 1952 will be followed. We also request the High Court to dispose of the case as early as possible and preferably within six months from the date of receipt of the copy of this order. For the foregoing conclusions, the Criminal Appeal No. 483 of 1994 and other connected criminal appeals filed by the contemners are partly allowed. The impugned order dated 15th July, 1994 passed by the High Court in Criminal Misc. Case No. 2058 (C) of 1994 is set aside and the proceedings are remitted to the principal seat of the Allahabad High Court, Allahabad. The Registry is directed to send the copy of this order to the learned Chief Justice of Allahabad High Court for appropriate action. All the criminal appeals to stand disposed of accordingly. (Paras 9, 10, 11, 12)

Order

This batch of criminal appeals arise out of an order dated July 15, 1944 in Criminal Misc. Case No. 2058 (C) of 1994 passed by the Division Bench of the Allahabad High Court, Lucknow Bench at Lucknow, holding the appellants guilty under the Contempt of Courts Act and awarding a sentence to each one of them of imprisonment for one month and a fine of Rs. 1,000/-; in default of payment of fine to undergo further imprisonment for fifteen days.

2. We do not deem it necessary at this stage to set out in detail the allegations which led to the present proceedings. Suffice it to refer to the relevant recitals in the impugned order relating to the present action.

3. On 15th July, 1994, the Division Bench comprising of Mr. Justice B.M. Lal and Mr. Justice A.P. Singh commenced its proceeding and in fact some of the cases listed before it were heard. While hearing Writ Petition No. ... of 1994 (Deoki Nandan Agarwal v. Commissioner, Faizabad Division and others), Dr. L.P. Misra, Advocate-appellant in Crl. Appeal No. 483 of 1994 along with his associates entered in the court room raising slogans and asking the Court to rise and stop functioning. The Court, however, continued to function whereupon Dr. L.P. Misra along with Shri A.K. Bajpaie, Shri Anand Mohan Srivastava, Shri Y.C. Pandey and Shri Shamim Ahmad (appellants in connected appeals) came on the dias and tried to manhandle and in that process Dr. L.P. Misra caught hold of Justice A.P. Singh forcing the court to rise and then used abusive language against Justice B.M. Lal in the following words :-

“TUM SHALE UTTH JAAO NAHIEN TO JAAN SE MAAR DALENGE. TUMNE CHIEF JUSTICE SE KAHA HAI KI LUCKNOW KE JUDGES 5000/- RUPYA LEKAR STAY GRANT KARTE HAIN AUR STAY EXTEND KARTE HAIN AAJ 2 BAJE TAK AGAR TUM APNA BORIYA BISTAR LEKAR YAHAN SE NAHIEN BHAG JAATE HO TO TUMHE JAAN SE MAAR DALENGE.”

In view of an alarming and threatening situation, the Court was forced to retire and consequently both the Hon’ble Judges retired to the chamber of Justice B.M. Lal. Dr. L.P. Misra then entered the chamber and repeated the same uncivilised language and extended the same threat. It was because of intervention of Shri J.N. Bhalea, Addl. Chief Standing Counsel, State of U.P. and some members of the staff of the Court who persuaded Dr. L.P. Misra and others to leave the chamber. After some time, the court reassembled and took a serious note of contemptuous conduct on the part of the appellants and in exercise of it’s power under Article 215 of the Constitution of India passed the following order :-

“This clearly amounts to grossest contempt of the Court, interference in the administration of justice and insult to the court as it scandalises the court and lowers the authority of the Court. Therefore, in our considered opinion, Dr. L.P. Misra, Sri. A.K. Bajpaie, Sri Anand Mohan Srivastava, Sr. Y.C. Pandey and Sri Shamim Ahmad, Advocates, are ex facie guilty of contempt of court and accordingly in exercise of powers conferred by Article 215 of the Constitution of India, this Court hereby sentence aforesaid advocates, namely (1) Dr. L.P. Misra, Advocate (2) Sri A.K. Bahjpaie, Advocate, (3) Sri Anand Mohan Srivastava, Advocate and (4) Sri Shamim Ahmad, Advocate with imprisonment for one month and fine of Rs. 1,000/- (Rupees one thousand) each and in default of payment of fine they shall undergo further imprisonment for 15 days.”

The court further directed the Addl. Registrar of the said court to take steps forthwith for execution of this order.

4. It is against this order dated 15th July, 1994 passed by the High Court, that the appellants have filed these Criminal Appeals under Section 19 of the Contempt of Courts Act, 1971.

5. At the outset, we make it clear that the above recitals are taken from the impugned order which are denied by the appellants. In the view which we are inclined to take at this stage, we have refrained ourselves from going into the merits of the case.

6. Mr. Dwivedi, Learned Senior Counsel appe

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