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2021 Supreme(All) 1566

IN THE HIGH COURT OF ALLAHABAD AT LUCKNOW BENCH
Ritu Raj Awasthi, Dinesh Kumar Singh, JJ.
In Re : Asok Pande – Appellant
Suo Motu Contempt Petition Criminal No. 1493 of 2021
Decided On : 18-08-2021

Headnote:

Constitution of India, 1950 - Article 215, 226 - Contempt of Courts Act, 1971 - Section 2(c),15, 49(I)(gg) - Allahabad High Court Rules, 1952 - Chapter XXXV-E - Rule 12 - PIL - Bar Council Rules - Dress Code for Lawyers - Criminal contempt - Whether such a person is worthy of being part of the noble profession, and take appropriate disciplinary proceedings against Sri Asok Pande – Held, Court are drawing these contempt proceedings suo motu, finding prima facie the conduct, insinuation and insulting behaviour, Advocate towards judges and intemperate language used by him with an aim to disrupt the court proceedings and scandalize the Court and interfere with the administration of justice ex facie contemptuous. He has been habitual in making scandalous and scurrilous allegations against the Judges including the Chief Justices of this Court and even the Supreme Court Judges inside and outside the court - Despite warning, he did not mend his ways and exhibited his belligerent behaviour bringing down the majesty of the law and dignity of the High Court as such. Every attempt in the past has failed to correct his contemptuous conduct in the Court. Even punishments have not deterred him, and any leniency has only emboldened him for indulging in contemptuous behaviour, using intemperate and abusive language, insinuating, intimidating and insulting the judges and interfering with the administration of justice – Ordered accordingly.

ORDER :

1. We have to deal with a very unpleasant situation due to outrageous and utterly contemptuous behaviour of Advocate, Sri Asok Pande, inside the Court today in the morning. The facts which led to drawing these contempt proceedings are that as soon as the Court assembled in the morning, Mr. Asok Pande, Advocate came to the podium. He was in civil dress with unbuttoned shirt. When the Court asked him, why he was not in uniform, he said that he had challenged the Bar Council Rules prescribing the Dress Code in PIL Civil No. 14907 of 2021 and, therefore, he would not put on the uniform. He however, said that he was appearing in-person and therefore, it was not required for him to don Lawyers' Uniform. The Court told him that he should at least appear in 'decent dress' if he was appearing in person. On this, he started questioning the Court that 'what is decent dress'. The Court asked him to button his shirt, which he did not do. He created ruckus in the Court in the morning and atmosphere of the Court got completely vitiated. He used intemperate language, indulged in indecent behaviour amounting to gross misconduct and he challenged the authority of the Court. His conduct was unbecoming a member of the legal profession. When he was warned that if he would not behave properly, the Court would have no option except to remove him from the Court, he challenged the Court and said that if the Court had power; it could remove him from the Court. He used abusive language against the judges and said that the Judges were behaving like 'goondas'.

2. Two days back on 16.8.2021, when this Court took suo motu cognizance in PIL Civil No. 18055 of 2021 in respect of Bar Association Election scheduled to be held on 14.8.2021, the Court was hearing the Returning Officer and Chairman of the Elders' Committee of Awadh Bar Association, Mr. Asok Pande barged in the Court and came to podium without uniform and started shouting on top of his voice. When the Court asked him that in what capacity, he was addressing the Court, he said that he was a Member of the Avadh Bar Association and had every right to address the Court. When the Court asked that why he was not in uniform, he said that would not don the advocate's uniform as he had challenged the Bar Council Rules prescribing the Dress Code for Lawyers.

3. The behaviour and conduct of Mr. Asok Pande would show that he had committed ex facie contempt of the Court. He has a long history of misbehaviour inside and outside the court room and committing contempt of the Court. Today, when he did not stop and continued to create unpleasant atmosphere inside the Court and went on to disturb the Court proceedings amounting to interference with the administration of justice and scandalizing the court, we called the Court Officer and the security to remove him from the Court Room in order to maintain serenity and decorum of the Court proceedings, dignity of the High Court and majesty of law. We ordered to keep him in custody till 3 PM so that he could come to Court and express his remorse and tender unconditional apology to the court for his outrageous behaviour in the Court.

4. A senior Member of the Bar Mr. Mohd. Arif Khan, Senior Advocate mentioned the matter, before Asok Pande arrived in the Court after 3 p.m. that the matter may be given a quietus, if Mr. Pande could tender his unconditional apology. We asked the respected Members of the Bar that who would take responsibility of Mr. Asok Pande's future behaviour in the Court, no respected Member came forward to guarantee his decent and appropriate behaviour in the Court in future. After release from custody at 3 PM, Mr. Asok Pande again came to the Court and instead of tendering apology or exhibiting any remorse, he again tried to disrupt the court proceedings.

5. Brief history regarding misbehaviour, using indecent and intemperate language in pleadings and oral submissions and making scurrilous allegations against sitting and retired Chief Justices, Judge

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