Allahabad High Court Restrains Lawyer From Practicing At Pilibhit District Court Over Allegedly Contemptuous Conduct

The Allahabad High Court has temporarily restrained an advocate from entering or practicing in the District Pilibhit in the suo-moto contempt proceedings initiated against him on a reference made by the Additional Chief Judicial Magistrate-II, Pilibhit.

“In the facts of the case and also considering the persistent act of alleged contempt on part of the opposite party contemnor, we restrain the opposite party from entering the court premises or practicing in District Judgeship, till the next date of listing. The contemnor shall also remain present in Court, on the next date fixed in the matter,” bench comprising Justices Ashwani Kumar Mishra and Syed Aftab Husain Rizvi ordered.

Two incidents were highlighted by the Magistrate while sending a reference dated 12.7.2023 to the High Court.

The first incident took place on the date of the reference wherein the contemnor-advocate made allegations to the effect that the judicial officer had colluded with accused by availing gratification. Advocate Santram Rathore was appearing for the first informant in a case for cancellation of bail. Upon inquiry, he was informed that there was heavy police deployment in that courtroom as the accused had expressed threat to his life. Due to previous incidents in Court, the ACJM-II deemed it appropriate to provide him police protection. However, the contemnor-advocate allegedly made derogatory comments against the court.

During the pendency of the reference regarding the above incident, the advocate allegedly instigated some lady advocates and students of a law college to protest outside the court. The protests were purportedly staged to pressurize the judicial officer to withdraw the reference made by him against Santram Rathore.

Further, in the reference made, it had been stated that the advocate had said to the Court that “he does not care for the contempt proceedings initiated against him” as he has faced contempt proceedings in the past also.

The High Court noted that prima facie case for contempt was made out against Advocate Santram Rathore under Section 2(c) of the Contempt of Courts Act, 1971. Further, the Court directed that he be personally present at the next date of hearing.

“Issue notice to opposite party Santram Rathore, Advocate, to show cause as to why contempt proceedings should not be initiated against him under Section 2(c) of the Contempt of Courts Act, 1971 for creating obstruction in the proceedings of the court, misbehaving the court, using abusive and derogatory language, scandalizing the court etc.,” Court ordered.

The case is directed to be listed after service of notice.

Case Title: In Re v. Santram Rathore [Contempt Application (Criminal) No. 16/ 2023]

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