The Allahabad High Court has referred a matter to the Hon’ble Chief Justice for the initiation of criminal contempt proceedings against an advocate who allegedly raised his voice in open court, accusing the presiding judge of lacking courage and working under government pressure.
Justice Santosh Rai observed that the lawyer’s conduct was scandalous, lowered the dignity of the Court, and interfered with the administration of justice. Consequently, the Bench released the case and directed the Registry to place the matter before the Chief Justice for appropriate orders regarding the initiation of proceedings under the Contempt of Courts Act, 1971.
Background of the Proceedings
The incident occurred during the hearing of Criminal Misc. Bail Application No. 5069 of 2026.
During the hearing, Sri Ashutosh Kumar Mishra, learned counsel for the applicant, submitted that his client had been falsely implicated in the case. He specifically highlighted that the statement of the injured victim had not been recorded by the Investigating Officer (I.O.).
Representing the State, learned AGA Sri Purushottam Maurya admitted that while the First Information Report (FIR) was registered on January 19, 2026, the statement of the injured, Yash Jain, who had sustained a firearm injury on his chest, had not yet been recorded during the course of the investigation.
Considering the facts and the allegation of a firearm injury, the Court directed the learned AGA to file a counter affidavit within three weeks. The Court specifically ordered that the affidavit must include complete medical evidence, the injury report, and the statements of the injured as well as the doctor. The matter was directed to be listed as fresh on March 10, 2026.
The Incident in Open Court
According to the judgment, soon after the dictation of the order, Sri Ashutosh Kumar Mishra, counsel for the applicant, started raising his voice in the open Court. The Court recorded that Sri Mishra made the following statement in a loud and aggressive manner:
“Why are you calling for a counter affidavit in this case? You do not have the courage to seek explanation from the concerned Investigating Officer who, till date, has not recorded the statement of the injured. You (Judge) have no authority to pass any order against the Investigating Officer. It appears that you are working under the pressure of the Government.”
Court’s Observations and Analysis
Justice Santosh Rai termed the language, tone, and body language of the advocate as “highly objectionable, scandalous and derogatory.” The Court observed that such conduct tended to lower the authority and dignity of the Court in the eyes of those present.
The Court noted that the proceedings were stalled for about ten minutes due to the misconduct. In its order, the Bench stated:
“The conduct of Sri Mishra clearly indicates an intention to interfere with and obstruct the due course of judicial proceedings. Such behaviour, prima facie, falls within the ambit of ‘criminal contempt’ as defined under Section 2(c) of the Contempt of Courts Act, 1971, as it amounts to scandalising the Court and interfering with the administration of justice.”
The Court further remarked that by using scandalous and intemperate language and shouting in an open court, the advocate had prima facie committed acts that tend to lower the dignity of the Court.
Decision
In view of the circumstances, the High Court held that the matter required consideration for the initiation of contempt proceedings against Sri Ashutosh Kumar Mishra.
The Court directed:
- A separate reference be made for the initiation of contempt proceedings under the Contempt of Courts Act, 1971, and relevant Rules of the Court.
- The Registry to place the matter before the Hon’ble Chief Justice for appropriate orders.
- The bail case to be released from the current Bench.
- The office to list the bail matter before another Bench after obtaining appropriate orders from the Chief Justice.
Case Details:
- Case Title: Kunal v. State of U.P.
- Case Number: Criminal Misc. Bail Application No. 5069 of 2026
- Judge: Justice Santosh Rai
- Counsel for Applicant: Sri Ashutosh Kumar Mishra, Sri Shireesh Kumar Mishra
- Counsel for State: Sri Purushottam Maurya, AGA
