LawChakra

Calling Judges ‘Goondas’ | Allahabad HC Sentences Advocate Ashok Pandey to Six Months Jail for Contempt Of Court

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Advocate Ashok Pandey has been sentenced to six months in jail by the Allahabad High Court for contempt of court. In a 2021 courtroom incident, he referred to High Court judges as “goondas,” a highly disrespectful remark. The court took suo motu action and held his words as criminal contempt. Despite several opportunities, Pandey refused to apologize, leading to the strict punishment.

The Allahabad High Court sentenced advocate Ashok Pandey from Lucknow to six months of simple imprisonment for contempt of court.

This ruling stems from a 2021 incident in which Pandey used offensive language, referring to High Court judges as “goondas” (hooligans) during a court session an utterance the bench found to be profoundly disrespectful and inappropriate for a legal professional.

In its judgment, the division bench highlighted that such conduct is unacceptable in a democratic legal system that relies on mutual respect between the Bar and the Bench. The court noted that Pandey’s actions not only undermined the dignity of the judiciary but also set a troubling precedent for courtroom decorum and discipline.

The ruling reaffirms that the freedom of speech granted to advocates must be exercised responsibly and within the confines of the law.

Ashok Pandey, recognized for filing numerous public interest litigations in the past, made the derogatory comments during a contentious exchange in the courtroom in 2021. The remarks were recorded, prompting the High Court to take suo motu action and issue a contempt notice against him.

Despite receiving several chances to apologize and withdraw his statements, Pandey remained unrepentant, which led the court to impose the maximum punishment allowable under the Contempt of Courts Act.

The Contempt of Courts Act, 1971 is a key legislation in India designed to uphold the authority, dignity, and independence of the judiciary. It defines and limits the powers of courts in punishing acts of contempt and seeks to balance freedom of speech with respect for judicial institutions.

The Act classifies contempt into two broad categories:

  1. Civil Contempt – Willful disobedience to any judgment, decree, direction, order, or other process of a court, or willful breach of an undertaking given to a court.
  2. Criminal Contempt – Includes:
    • Scandalizing or lowering the authority of any court,
    • Prejudicing or interfering with judicial proceedings,
    • Obstructing the administration of justice.

Under Section 12 of the Act, the punishment for contempt of court may include:

The court may discharge or remit the punishment if the contemnor tenders an apology to the satisfaction of the court.

The Act serves to protect the sanctity of judicial proceedings, ensuring that courts can function without undue influence or intimidation. At the same time, it provides safeguards to prevent misuse, such as the right to a fair hearing and the option of offering an apology.

In Advocate Ashok Pandey’s case, his public utterance of calling judges “goondas” was seen as criminal contempt under this Act. His refusal to apologize led the Allahabad High Court to impose the maximum sentence of six months of simple imprisonment, reinforcing the seriousness of undermining judicial authority.

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