The legal profession is a noble calling, and lawyers have a duty to protect the rights of litigants, maintain the rule of law, and conduct themselves with dignity and decorum.

JUDGMENT :

Devendra Kumar Upadhyaya, J.

1. Nobility and contribution to freedom struggle of our nation are the two attributes which rush to our minds whenever and wherever the profession of law-practice is ever referred to. The judiciary neither has power of sword nor that of purse. It stands tall only by virtue of trust and faith of people.

2. We have been called upon to deal with these criminal contempt proceedings instituted on the strength of a letter bearing no.1315 of 2001 dated 17.08.2001, written by the then District Judge, Gonda whereby a reference has been made to initiate contempt proceedings against 12 lawyers mentioned in the said letter.

3. The first thought which struck our minds has been extracted in the opening paragraph of this judgment and order. It is painful for this Court to deal with the contempt proceedings drawn against the lawyers who are supposed to be the officers of the Court first and whose role stands recorded in the annals of history in strengthening the judiciary of our country which is supposed to embark upon a perilous and painstaking path of imparting justice to our citizenry.

4. Having observed as above, what we notice in present times is the uncalled for and unwarranted conduct/behaviour of the lawyers which has the potential of eroding the faith and trust of public in the judicial system.

5. In the background of the aforesaid observations, we proceed to examine the instant matter. A reference was made by the then District Judge, Gonda to the Registrar General of this High Court vide his letter dated 17.08.2001 to initiate contempt proceedings against the respondents in relation to certain incidents which, as alleged in the said letter, are said to have taken place on 14.11.2000 and 01.12.2000 in district-Gonda Judgeship. The said letter of the District Judge contains allegations that on 01.12.2000 the lawyers resolved to go on strike and boycott the court of First Civil Judge (Junior Division), Gonda and on that date the respondents-lawyers along with their colleagues indulged in an act of destruction and throwing away the records of the said court. However, further mishappenning could be avoided as the Presiding Officer of the said court went on leave. The letter further states that on 01.12.2000 itself the respondents and their fellow advocates misbehaved with the then In-charge District Judge. The allegation in the letter further is that the District Judge took charge on 11.08.2000 and immediately thereafter he received certain complaints about the functioning of the then Chief Judicial Magistrate. The letter further states that a complaint was received against the then Chief Judicial Magistrate in respect of certain misconduct regarding his misbehaviour with a girl whose statement was recorded by him under section 164 of the Code of Criminal Procedure. The District Judge in the said letter has further stated that he went to Allahabad to apprise the Registrar General of this Court of the aforesaid incidents. On 14.11.2000 the lawyers passed a resolution to go on strike on the said date on the instigation of the then Chief Judicial Magistrate and the First Additional District Judge. The letter also states that for maintaining peace and order in the court premises, on the request of the District Judge, police personnels were deployed and it is in these circumstances that the District Judge by the said letter requested to initiate contempt proceedings against the contemners.

6. On the reference made by the then District Judge, Hon'ble the then Chief Justice had passed an order on 30.10.2001 to place the matter before the appropriate Bench and accordingly though the matter thereafter was listed on several occasions, however, it is only on 31.10.2011 that the notices were issued to the respondents directing them to show cause as to why they should not be punished for committing contempt of court.

7. A reply was filed by the respondents through their counsel Shri Satish Chandra Kashish on 13.07.2012