The Lucknow Bench of the Allahabad High Court has dismissed a recall application filed by Advocate Asok Pande and upheld its earlier decision sentencing him to six months’ simple imprisonment and a fine of ₹2,000 for criminal contempt of court. The Court also barred him from practicing and entering the premises of the High Court at Allahabad and Lucknow for a period of three years.
The order was passed by a Division Bench comprising Justice Vivek Chaudhary and Justice Brij Raj Singh on May 26, 2025, in Contempt Application (Criminal) No.1493 of 2021.
Background
On April 10, 2025, the High Court had found the contemnor guilty and issued the following directions:
“The contemnor is sentenced to six months’ simple imprisonment and fine of Rs.2000/-. In case of failure to pay the fine within one month from today, the contemnor shall undergo further imprisonment of one month.”
“Contemnor is directed to surrender before the Chief Judicial Magistrate, Lucknow within four weeks from the date of this judgment to serve the sentence imposed herein.”
“We also find it a fit case where the contemnor should be restrained from practicing in the High Court at Allahabad and Lucknow for a period of three years…”
The contemnor was also directed to show cause under Chapter XXIV Rule 11(3) of the Allahabad High Court Rules as to why he should not be debarred from legal practice in the High Court for the specified period.
Arguments and Court’s Analysis
Advocate Asok Pande filed an application dated May 1, 2025, seeking recall of the April 10 judgment. However, the Court noted that no grounds had been presented for recalling the order, and the original judgment had been passed after due hearing. The recall plea was accordingly rejected.
The contemnor argued that he had not been separately heard on sentencing and cited the Supreme Court’s decision in Prashant Bhushan Suo Motu Contempt Petition (Criminal) No.1 of 2020, where only a fine of ₹1 was imposed. He requested similar treatment.
Rejecting the plea for parity, the Court observed that:
“In the present case, the contemnor has already been punished in Contempt Application (Criminal) No.103 of 2017… and further, he is facing six other contempt petitions. Thus, it is not possible for this Court to grant parity…”
Additionally, the Court noted that the contemnor admitted to addressing the Court with the top two buttons of his shirt open and failed to comply even when directed by the Court to correct it. His unconditional apology, submitted belatedly, was not found to be genuine or acceptable.
Final Orders
Given his repeated misconduct and history of contempt, the Court upheld the earlier punishment and issued the following directions:
- The recall application was dismissed.
- The contemnor is directed to surrender before the Chief Judicial Magistrate, Lucknow within two months from the date of the order.
- The fine of ₹2,000 must be deposited within one month, failing which he shall undergo an additional one month of simple imprisonment.
- He is restrained from practicing and entering the premises of the High Court at Allahabad and Lucknow for a period of three years, unless otherwise directed by the Court.
