Allahabad High Court Frames Contempt Charges Against Lawyer Who Called Judges 'Goondas' And Created Ruckus In Court

Thereafter, initiating a Suo Motu Contempt Proceedings against him, the Bench of Justice Ritu Raj Awasthi and Justice Dinesh Kumar Singh, prima facie, found him guilty of committing ex facie contempt of Court.

Essentially, during the course of the hearing, when he did not stop and continued to create an unpleasant atmosphere inside the Court and went on to disturb the Court proceedings, the Court had to call the Court Officer and the security to remove him from the Court Room.

Read more about Advocate Asok Pande here: PIL Profile Check: Curious Case Of Asok Pande,The Man Who Sought Regulation Of Powers Of CJI As 'Master Of Roster'

Court's observations (charges framed by the Court)

On August 18, 202021 as soon as the Court assembled in the morning, Pande came to the podium in the civil dress with an unbuttoned shirt, and when the Court asked why he was not in a proper uniform, he said that since he had challenged the Bar Council Rules prescribing the Dress Code in PIL CivilNo. 14907 of 2021 therefore, he would not put on the uniform.

"Advocates' Dress Code Against India's Climate, Band Is Religious Symbol Of Christianity": PIL In Allahabad HC, Notice Issued To BCI

He also contended before the Court that since he was appearing in-person and therefore, it was not required for him to don Lawyers' Uniform.

To this, when the court told him that he should at least appear in 'decent dress' if he were to appear in-person, he started questioning the Court as to 'what is decent dress'.

The Court asked him to button his shirt, which he did not do and created ruckus in the Court in the morning and atmosphere of the Court got completely vitiated and used intemperate language, indulged in indecent behaviour amounting to 27 gross misconduct and challenged the authority of the Court.

In this backdrop, finding him prima facie guilty of committing contempt of Court, the Court observed thus:

"Your conduct was unbecoming a member of the legal profession. When Court warned that if you would not behave properly, the Court would have no option except to remove you from the Court, you challenged the Court and said that if the Court had power; it could remove him from the Court. You used abusive language against the judges and said that the Judges were behaving like goondas."

Similarly, the Court noted, on August 16, 2021, when the Court took suo motu cognizance in in respect of Bar Association Election and the Court was hearing the Returning Officer and Chairman of the Elders' Committee of Awadh Bar Association, Advocate Pande had barged in the Court and came to podium without uniform and started shouting on top of your voice.

In fact, when the Court has asked him as to in what capacity, he was addressing the Court, he had said that being a Member of the Avadh Bar Association, he had every right to address the Court.

Again, when the Court had asked him as to why he was not in uniform, he had said that he wouldn't don the advocate's uniform as he had challenged the Bar Council Rules prescribing the Dress Code for Lawyers and insisted on addressing the court without donning Advocate's uniform. 4

Against this backdrop, finding his conduct, ex-facie contemptuous as envisaged under Section 15 of the Contempt of Courts Act, 1971 defining criminal contempt, he has now been called upon to answer the charges framed against him in person or through counsel and present himself to be tried on August 31, 2021 before the Bench concerned.

This particular provision makes one liable to be punished and to be debarred from practicing in this Court in view of the provisions of the Contempt of Courts Act, 1971.

"Your conduct in the court and outside the court clearly intended to defile the image of the Court, cast insinuations and personally insult judges in open Court. It is clearly intended to bring the Court into disrepute by making scandalous allegations and using abusive language against the judges," added the Court.

In its order, the Court has also recounted Pande's brief history of misbehavior, using indecent and intemperate language in pleadings and oral submissions and making scurrilous allegations against sitting and retired Chief Justices, Judges of the Court, and judges of the Supreme Court.

Importantly, besides initiating the contempt proceedings, the Court has also directed the Bar Council of Uttar Pradesh to examine the past conduct of Sri Asok Pande, Advocate, and to decide whether such a person is worthy of being part of the noble profession, and take appropriate disciplinary proceedings against Asok Pande.

Case title - Suo Motu Contempt Petition (Criminal) no. 1493 of 2021| Re: Asok Pande ….. Alleged contemnor

Click Here To Download Order

Read Order