The Bar Council of Uttar Pradesh has urgently requested the Supreme Court to transfer Justice Sangeeta Chandra from the Allahabad High Court due to rising tensions over a contempt order against Senior Advocate SC Mishra. The council’s resolution also calls for her to refrain from judicial duties until the transfer is finalized.
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NEW DELHI: The Bar Council of Uttar Pradesh (UP) has submitted an urgent plea to the Supreme Court of India, seeking the immediate transfer of Justice Sangeeta Chandra from the Allahabad High Court. This appeal was prompted by escalating tensions and protests surrounding a contempt order issued against Senior Advocate SC Mishra. The council’s unanimous decision reflects growing dissatisfaction among legal practitioners with the judge’s recent courtroom behavior.
On Sunday(29th Sept), the UP Bar Council passed a resolution calling for Justice Chandra’s transfer to another state high court. The resolution further requested that Justice Chandra not be assigned any judicial duties until the transfer is completed. A copy of this resolution has been forwarded to the Supreme Court for necessary action.
The Bar Council’s decision follows an uproar within the legal community, particularly from the Oudh Bar Association, which accused Justice Chandra of mistreating lawyers during court proceedings. The resolution stated:
“All council members, in response to Hon’ble Justice Sangeeta Chandra’s order, have agreed to send a letter to the Hon’ble Chief Justice of the Supreme Court in New Delhi, requesting the transfer of Hon’ble Justice Sangeeta Chandra from the Allahabad High Court to another State High Court.”
This development came in response to a contentious order issued by a Bench led by Justice Chandra, which proposed criminal contempt proceedings against Senior Advocate SC Mishra. The court had taken issue with Mishra’s conduct during a recent hearing, where he was accused of raising his voice and making disparaging remarks toward the judges.
Prior to the Bar Council’s resolution, the Oudh Bar Association had already written a letter to Chief Justice of the Allahabad High Court, Arun Bhansali, on September 28, seeking Justice Chandra’s transfer. The association expressed dissatisfaction with her “inhumane conduct” towards advocates, citing multiple complaints. This call for action was fueled by a confrontation between Justice Chandra and Senior Advocate SC Mishra during a court session on September 27.
The Oudh Bar Association’s letter detailed the incident, which occurred during the hearing of a petition related to a Nagar Nigam (Municipal Corporation) tender in Lucknow. Advocate SC Mishra represented the petitioner in the case, where the Municipal Corporation had allegedly failed to submit requested records. When the court refused to grant interim relief without these documents, Mishra raised objections, leading to a heated exchange.
The conflict between Senior Advocate SC Mishra and Justice Sangeeta Chandra originated during a petition hearing about a Nagar Nigam tender dispute. Mishra, representing the petitioner, pressed for interim relief despite missing documentation from the municipal authorities. The court, however, declined to grant relief at that time, explaining that the requested records were crucial for the decision.
In response to Mishra’s insistence, the court offered him an opportunity to argue on the merits. However, Mishra’s reaction was described as disrespectful and unprofessional. According to the court’s order dated September 27, Mishra raised his voice at the Bench after the judges refused to pass an interim order in his favor. The Bench, comprising Justices Brij Raj Singh and Sangeeta Chandra, recorded that Mishra made offensive remarks, accusing the court of bias.
The court order highlighted the severity of the situation, stating:
“The behavior of this esteemed Senior Advocate has the potential to scandalize and undermine the court’s dignity. Therefore, we refer the matter to the Hon’ble Chief Justice of the High Court of Judicature at Allahabad for initiating Criminal Contempt proceedings against Shri Satish Chandra Mishra, learned Senior Advocate.”
During the hearing, the court had asked for specific documents from Nagar Nigam that had yet to be submitted, despite previous orders. The court expressed frustration with the Municipal Corporation’s failure to provide the records and scheduled a follow-up hearing for September 30, by which time the records were expected.
The court criticized Nagar Nigam for its non-compliance, stating:
“This type of conduct by the officials of Nagar Nigam is completely unacceptable. The records concerning the tender issued by the respondents are not confidential documents, and the respondents cannot claim privilege over them.”
As Mishra pushed for an immediate resolution of the case, his insistence led to a confrontation with the Bench. Mishra raised his voice and demanded that the matter be resolved on the spot, rather than waiting for the next hearing. His continued protests prompted the court to suggest that if Mishra insisted, he could argue the case’s merits. However, Mishra refused to engage further, making statements that the Bench found inappropriate, including:
“Pass any order as it pleases” or “dismiss the matter, for all he cares.”
In response to his conduct, the Bench referred the matter to the High Court’s Chief Justice, calling for contempt proceedings against Mishra. The court order noted:
“We advised Shri SC Mishra, noting that as a designated Senior Advocate, he should refrain from such arguments in court, as they set a negative example for the junior lawyers present. However, Shri SC Mishra disregarded the court’s request and persisted in making accusations against the court’s proceedings, suggesting personal malice.”
The contempt proceedings have become a flashpoint in the legal fraternity, with Senior Advocate SC Mishra and his colleagues, including Advocates Sunil Kumar Chaudhary and Prafulla Tiwari, representing the petitioner. On the opposing side, Standing Counsel Sankalp Dewari appeared for the State, while Senior Advocate JN Mathur, along with Advocates BK Singh and Namit Sharma, represented the other respondents.