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Allahabad High Court : “Threatening or Obstructing Access to Court Is the Most Serious Criminal Contempt”

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The Allahabad High Court strongly condemned threats or obstruction against those seeking legal remedies, declaring such acts as the gravest form of criminal contempt and a major roadblock to justice that cannot be tolerated in any circumstance.

The Allahabad High Court stated that “intimidating anyone from seeking legal recourse constitutes the most serious of criminal contempts.”

This remark was made while summoning a respondent accused of pressuring a petitioner to withdraw a Public Interest Litigation (PIL) concerning the illegal felling of government trees in Uttar Pradesh’s Fatehpur district.

The PIL, submitted by Amit Singh Parihar, included grave allegations regarding the theft and unauthorized cutting of trees planted by the government on Gata No. 122 of Gaon Sabha Pahur, within Tehsil Bindki in Fatehpur.

Presenting his case personally, Parihar informed the court that since initiating the lawsuit, his family had faced intimidation and violence allegedly orchestrated by one of the respondents, Narendra Singh.

A supplementary affidavit presented in court detailed that Singh allegedly attacked the petitioner’s brother and other family members in May 2022 to intimidate them into withdrawing the petition.

Additionally, Parihar contended that Singh, characterized as a man of “criminal propensities,” used his connections within the police to file a First Information Report (FIR) against Parihar, while intentionally delaying the complaint lodged by Parihar’s family.

The court was further disturbed by claims that Singh continued to threaten the petitioner’s parents and brother, warning them of severe repercussions unless the litigation was abandoned.

The bench of Justice J.J. Munir in a remarked on order dated July 31,

“No one in the country can threaten or obstruct a person from approaching the Court and seeking his remedies. This is the biggest impediment affecting the course of justice and, therefore, the most serious of criminal contempts,”.

The court acknowledged the petitioner’s supplementary affidavit, which also indicated that Narendra Singh was implicated in a 2018 murder case in Maharashtra, facing charges including Section 302 (murder) and violations of the Arms Act.

In response, the court directed that respondent no. 9, Narendra Singh, must appear in person on August 13 at 2:00 PM. The Chief Judicial Magistrate of Fatehpur was instructed to ensure that notice is served within 24 hours, with assistance from the Superintendent of Police.

Moreover, due to allegations of local police collusion with Singh to frame the petitioner and delay the family’s FIR, the Superintendent of Police, Fatehpur, was ordered to submit an affidavit clarifying the involvement of the Station House Officer of Kalyanpur Police Station.

The case is scheduled for a hearing on August 13, when the court will consider further actions, including potential contempt proceedings.

Case Title: Amit Singh Parihar vs. State Of U.P. And 8 Others




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