SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1998 Supreme(Online)(SC) 96

SUPREME COURT
N/A, N/A
In Re : Ajay Kumar Pandey Advocate
Criminal Contempt | Contempt Petition (Crl.) No. 2/96 | Special Leave Petition (Crl.) No. 819-820 of 1996 | Special Leave Petition (Crl.) No. 4114 of 1995



Advocates:
For the Appellants/Petitioners: Ajay Kumar Pandey
For the Respondents: N/A

Reckless accusations against judicial officers undermine the court's authority and constitute criminal contempt, necessitating strict penalties to uphold judicial integrity.

Headnote:(A) Contempt of Courts Act, 1971 - Section 2(c) - Criminal contempt - Use of intemperate, abusive language scandalising judicial officers - The petitioner, a practicing advocate, committed contempt by filing petitions with objectionable language, undermining judicial authority. His actions showed a defiant attitude and persistent disregard for decorum. (Paras 1, 16-36)

(B) Legal Principles - Criticism of judiciary must be respectful; reckless allegations undermine justice. Courts possess inherent authority to protect dignity and maintain order. (Paras 19, 25, 28)

(C) Findings of Court - The contemner's persistent actions were deemed contemptuous, necessitating punishment to maintain integrity of judiciary. Dismissed all petitions, ordered contempt proceedings against petitioner. (Paras 30, 36)

(D) Issues - Did the petitioner's actions amount to contempt? Are there appropriate measures to deter similar behavior in the future? (Paras 3, 21, 30) (E) Ratio Decidendi - Freedom of expression must be balanced against the dignity of the judiciary. Reckless criticism and scandalisation of the court are not permissible. (Paras 18, 19, 25, 29) (F) Result - The petitioner found guilty of contempt; sentenced to four months imprisonment and fine of Rs. 1000. (Paras 32, 35) (G) Parties: The alleged contemner was represented by himself. No opposing party stated.

1 The alleged contemner - Ajay Kumar Pandey, a practising advocate, filed a criminal complaint against an Advocate Mr. Mahesh Giri and an Additional District Judge, Ms. Saroj Bala, then posted as VII Additional District Judge, Lucknow, under S.499 and 500, IPC, after first serving them with a notice demanding compensation for defaming him. The allegations made in that complaint are not relevant for our purpose. That complaint was dismissed on 16-11-1994. He thereafter filed a Criminal Revision in the High Court which was also dismissed by a learned single Judge of the High Court (Virendra Saran, J.) on 15-2-1995. While dismissing the revision petition, the learned single Judge inter alia observed :
"It is well settled that if the veiled object of a lame prosecution is to disgrace, humiliate or cause harassment to the accused, the High Court must put an end to the mischief by quashing such criminal proceedings. The facts on the record of the instant case give a horrendous account of a framed up case against a responsible member of the lower judiciary holding the post of an Additional Sessions Judge at Lucknow ................
It appears that the aim of the applicant is to malign the learned Judge (Smt. Saroj Bala) and hold her at ransom. The applicant emphatically and repeatedly read out the lewd passages from his deposition while arguing the revision, but the palpably scurrilous, indecent and abominable recitals are not worth reproduction in the judgment. Suffice it to observe that the arguments of the applicant, so vehement and pungent, marked with sarcasm and sneer, do not impart any strength to his case which is inherently unbelievable. They are submissions directed more towards vilification than substantiation of the pivotal points of the case. I was constrained to ask the applicant not to make savage additions to the evidence and show restraint in his colloquy."


2 The alleged contemner, thereafter, filed Special Leave Petition (Crl.) No. 819-820 of 1996 against the judgment of Virendra Saran, J. dated 15-2-1995.

3 It appears that the alleged contemner had filed another complaint on 12-9-1994 under S.500 and 504, IPC against seven advocates namely (1) Shri Prakash Narayan Awasthi (2) Shri R. P. Misra (3) Shri Vishambhar Singh (4) Shri T.N. Misra (5) Shri Srikant Verma (6) Shri Pankaj Sinha and (7) Shri N. C. Pradhan, in which it was alleged that those advocates had made defamatory imputations regarding the relationship between him and Ms. Saroj Bala, Addl. District Judge. In that complaint an application giving a list of 31 advocates for being summoned as witnesses was filed. That application was rejected by the Trial Court. He, therefore, filed Special Leave Petition (Crl.) No. 4114 of 1995 against that order.

4 Ajay Kumar Pandey, the alleged contemner has also filed following Contempt Petitions (Crl.) in this Court :
1. Contempt Petition (Crl.) Dy. No. 16199/95 filed on 28th October, 1995 :
Against Mr. Justice Virendra Saran, Judge, High Court of Allahabad, Lucknow Bench;
2. Contempt Petition (Crl.) Dy. No. 17021/95 filed on 8th November, 1995. The respondents in the petition are :
I. Ms. Saroj Bala, IV Addl. District Judge, Lucknow.
II. Shri Udai L. Raj, V.A.C.J., Lucknow.
III. Shri R. P. Misra, VI Addl. C.J.M.
3. Contempt Petition (Crl.) Dy. No. 17922/95, filed on 9th November, 1995 against the following respondents :
I. Shri J. C. Mishra, Distt. Judge, Lucknow.
II. Shri K. N. Ojha, II A.D.J., Lucknow.
III. Shri Shailendra Saxena, III A.D.J., Lucknow.
IV. Shri B. N. Pandey, Special Judge, Lucknow.
When the SLPs and contempt petitions were listed before this Bench, it was noticed that the language used in the memorandum of petitions was wholly objectionable, unparliamentary and abusive. By way of illustration, we may refer to the list of dates, at internal pages 2-3 of S. L. P. (Crl.) No. 4114 of 1995. The language used by the petitioner is in the following terms :
"It will not be out of place to mention here that an other then Magistr













































































Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top