The Allahabad High Court referred a contempt matter to the Chief Justice after a lawyer shouted in court, accusing the judge. Justice Santosh Rai termed the conduct scandalous, dignity and directed the Registry to seek orders for contempt proceedings.
PRAYAGRAJ: The Allahabad High Court has referred a case to the Hon’ble Chief Justice to consider initiating criminal contempt proceedings against an advocate who allegedly raised his voice in open court, accusing the presiding judge of lacking courage and acting under government pressure.
Justice Santosh Rai noted that the lawyer’s behavior was scandalous, diminished the court’s dignity, and interfered with the administration of justice. As a result, the Bench decided to release the case and instructed the Registry to present the matter to the Chief Justice for suitable orders regarding proceedings under the Contempt of Courts Act, 1971.
Background of the Proceedings
The incident took place during the hearing of Criminal Misc. Bail Application No. 5069 of 2026. The advocate, Sri Ashutosh Kumar Mishra, while representing the applicant, claimed that his client had been falsely implicated and pointed out that the statement of the injured victim had not been recorded by the Investigating Officer (I.O.).
The State’s representative, AGA Sri Purushottam Maurya, acknowledged that although the First Information Report (FIR) was filed on January 19, 2026, the statement of Yash Jain, who had sustained a firearm injury to his chest, had not yet been taken during the investigation.
Given the circumstances and the severity of the firearm injury allegation, the Court directed the AGA to submit a counter affidavit within three weeks. This affidavit was to include comprehensive medical evidence, the injury report, and statements from both the injured party and the doctor. The case was scheduled to be listed again on March 10, 2026.
The Incident in Open Court
According to the court’s judgment, following the dictation of the order, Sri Ashutosh Kumar Mishra began raising his voice audibly in the courtroom.
The Court noted that he aggressively stated:
“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 described the advocate’s language, tone, and body language as “highly objectionable, scandalous and derogatory.” The Court observed that such conduct diminished the authority and dignity of the Court in the eyes of those present.
The proceedings were reportedly disrupted for about ten minutes due to this misconduct.
The Bench commented,
“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 added that by using scandalous and intemperate language and shouting in open court, the advocate had prima facie committed actions that undermine the Court’s dignity.
Decision
Considering the situation, the High Court determined that the case warranted consideration for initiating contempt proceedings against Sri Ashutosh Kumar Mishra.
The Court ordered the following:
- A separate reference should be made for initiating contempt proceedings under the Contempt of Courts Act, 1971, and the relevant Rules of the Court.
- The Registry is to present the matter before the Hon’ble Chief Justice for appropriate orders.
- The bail case is to be released from the current Bench.
- The office is to list the bail matter before another Bench after obtaining the necessary orders from the Chief Justice.
Case Title: Kunal v. State of U.P.Criminal Misc. Bail Application No. 5069 of 2026
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