Misbehaviour With Lady Judge| Allahabad High Court Debars Advocate From Practising In UP Courts, Orders Security For Judge

The Allahabad High Court has debarred an advocate, who misbehaved, insulted, and abused a lady judge posted in a court under the Bulandshahr Judgeship, from practicing law before the UP Courts. The Court has also ordered him to appear in person before HC on January 12.

The Bench of Justice Ashwani Kumar Mishra and Justice Shiv Shanker Prasad passed this order on Monday while dealing with a suo moto criminal contempt proceedings initiated by the HC on the reference made to it by the lady Judicial Officer posted at the outlying court at Khurja of Bulandshahr Judgeship.

The Court also cautioned the contemnor to remain careful in the future and not act in an undesirable manner as it stressed that his conduct is under the strict watch of the High Court.

Significantly, the Court was prompted to pass this order after the Special Counsel appearing for the HC informed the bench about a communication sent by the lady judge to the Administrative Judge (Bulandshahr) informing him of the subsequent conduct of the contemnor in insulting her, obstructing the court proceedings and also hurling abuses against her.

In fact, in her communication, the lady Judicial Officer informed that on December 20, 2022, on account of the contemptuous act of the contemnor, she had to rise from her dais and had to take shelter in her Chambers to protect her life, liberty, and dignity.

Again, on 21st December 2022, lady Judge was insulted and misbehaved with, publicly, and threatened by the contemnor. The contemnor allegedly made statements in open court daring anyone to challenge him.

Taking note of these circumstances, the Court invoked its jurisdiction under Chapter XXIV Rule 11 (2) of the Allahabad High Court Rules and prohibited the contemnor/opposite party from practicing law in any court within the State of Uttar Pradesh till the next date of listing (January 12, 2023).

Further, noting that the advocate in question (Bharat Singh) was issued a notice by the HC in this matter on August 1, however, he failed to file a reply in the matter by January 2, 2023, the Court, expressing its disapproval of the dilatory tactics adopted by the contemnor, remarked thus:

"Dilatory tactics apparently are being adopted by the contemnor while seeking adjournment before this Court. The contemnor allegedly has acted in a most irresponsible manner and his conduct leaves much to be desired. We cannot allow the rule of law to be thrown to winds at the hands of an unscrupulous contemnor. Acts of intentional disrespect to a lady Judicial Officer will have to be viewed seriously and dealt with strictly or else the judicial system would collapse."

Importantly, the District Judge, Bulandhshar was also directed to ensure that necessary action be taken qua the safety and security of the lady Judicial Officer and the court proceedings are not hampered or interfered with in any manner by the contemnor or anyone else supporting him.

The Court ordered that the order copy be sent to the Senior Superintendent of Police, Bulandshahr for necessary compliance.

Case title - In Re Of The Honble High Court vs. Bharat Singh (Advocate) [CONTEMPT APPLICATION (CRIMINAL) No. - 11 of 2022]

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