JUDGMENT

SAWANT, J. :—On 10th March, 1994, Justice S. K. Keshote of the Allahabad High Court addressed a letter to the Acting Chief Justice of that Court as follows :

"NO. SKK/ALL/8/94 10-3-94

Dear brother Actg. Chief Justice,

Though on 9-3-94 itself I orally narrated about the misbehaviour of Sh. B. C. Mishra with me in the Court but I thought it advisable to give you same in writing also.

On 9-3-94, I was sitting with Justice Anshuman Singh in Court No,. 38. In the list of fresh Cases of 9-3-94 at Sr. No. 5 FAFO Record No. 22793 M/s. Bansal Forgings Ltd. v. U. P. F. Corp. filed by Smt. S. V. Misra was listed. Sh. B. C. Misra appeared in this case when the case was called.

Brief facts of that case

M/s. Bansal Forgings Ltd. took loan from U. P. Financial Corporation and it made default in payment of instalment of the same. Corporation proceeded against the Company u/s. 29 of the U. P. Financial Corporation Act. The Company filed a Civil Suit against the Corporation and it has also filed an application for grant of temporary injunction. Counsel for the Corporation suo motu put appearance in the matter before Trial Court and prayed for time for filing of reply. The learned trial court passed an order on the said date that the Corporation will not seize the factory of the Company. The Company shall pay the amount of instalments and it will furnish also security for the disputed amount. The court directed to furnish security on 31-1-94 and case was fixed on 15-3-94.

Against said order of the trial court this appeal has been filed and arguments have been advanced that Court has no jurisdiction to pass the order for payment of instalment of loan and further no security could have been ordered.

I put a question to Shri Misra under which provision this order has been passed. On putting of question he started to shout and said that no question could have been put to him. He will get me transferred or see that impeachment motion is brought against me in Parliament. He further said that he has turned up many Judges. He created a good scene in the court. He asked me to follow the practice of this Court. In sum and substance it is a matter where except to abuse me of mother and sister he insulted me like anything. What he wanted to convey to me was that admission is as a course and no arguments are heard, at this stage.

It is not the question of insulting of a Judge of this institution but it is a matter of institution as a whole. In case dignity of Judiciary is not being maintained then where this institution will stand. In case a senior Advocate, President of Bar and Chairman of Bar Council of India behaves in Court in such manner what will happen to other advocates.

Since the day I have come here I am deciding the cases on merits. In case a case has merits it is admitted but not as a matter of course. In this court probably advocates do not like the consideration of cases on their merits at the stage of admission. In case dignity of Judiciary is not restored then it is very difficult for the Judges to discharge their Judicial function without fear and favour.

I am submitting this matter to you in writing to bring this mis-happening in the Court with the hope that you will do something for restoration of dignity of Judiciary.

Thanking you,

Yours sincerely,

Sd/-

(Jus. S. K. Keshote)."

The Acting Chief Justice Shri V. K. Khanna forwarded the said letter to the then Chief Justice of India by his letter of 5th April, 1994. The learned Chief Justice of India constituted this Bench to hear the matter on 15th April, 1994.

On 15th April, 1994, this Court took the view that there was a prima facie case of criminal contempt of court committed by Shri Vinay Chandra Mishra (hereinafter referred to as the "contemner") and issued a notice against him to show cause why contempt proceedings be not initiated against him. By the same order, Shri D. P. Gupta, the learned Solicitor General of India was requested to assist the Court in the matter. Pursuant to the notice, the