77-Yr-Old Makes Serious Allegations Against Lawyers, Judges: Allahabad HC Imposes Rs. 1 Lakh Cost But Refrains From Initiating Criminal Contempt
The Allahabad High Court has imposed a cost of Rs. 1 lakh on the review applicant who levelled serious allegations against the lawyers of the High Court and judges of Kanpur District Judgeship. The Court however restrained itself from initiating criminal contempt against the applicant as he is 77 years old.
Justice Neeraj Tiwari observed that
“Considering the serious health issues of petitioner and his age i.e. 77 years, this Court restrains itself to initiate criminal contempt proceeding against him, but ground so taken by him in the review application is very vague and filing of such review application is gross misuse of process of law, therefore, review application lacks merits and is accordingly dismissed with cost of Rs. 1 lakh, which the petitioner shall deposit before the Registrar General of the High Court within a period of 15 days from today.”
Applicant filed a review application against the order passed in Matters Under Article 227 No. 3034 of 2024 where counsel for the applicant had made a statement that the petitioner does not want to contest the petition. Thereafter, order was passed directing the petitioner to vacate the shop in a year's time. Applicant-petitioner claimed that he had not authorized the senior advocate who had appeared in the case to argue on merits.
Counsel for respondent submitted that when the Court was not inclined to allow the writ petition, the statement was made to withdraw the petition as not pressed.
The Court observed that other allegations had also been made against the Senior Advocate and other advocates as well at the bar. The Court called upon the Senior Advocate who stated that the statement was made based on the instructions of the assisting counsel and the petitioner had misbehaved with him at his residence. Another Senior Advocate also stated before the Court that he had refused to contest petitioner's case due to misbehaviour.
The Court observed that the allegations against the senior advocates were without any substance and were “very unfortunate and uncalled for.” The Court observed that the allegations against the District Judgeship Kanpur were unsupported and were “an attempt to maligning the reputation of Institution.”
Accordingly, while dismissing the review application, the Court imposed a cost of Rs. 1 lakh on the petitioner-applicant.
Case Title: Randhir Kumar Pandey v. Sri Purushottam Das Maheshwari [CIVIL MISC REVIEW APPLICATION No. - 313 of 2024]