MAHIPAL SINGH RANA, ADVOCATE Vs. STATE OF UTTAR PRADESH
LAWS(SC)-2016-7-14
SUPREME COURT OF INDIA (FROM: ALLAHABAD)
Decided on July 05,2016

Mahipal Singh Rana, Advocate Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

- (1.) The present appeal is preferred under Section 19 of the Contempt of Courts Act, 1971 (hereinafter referred to as "the Act") against the judgment and order dated 02.12.2005 delivered by the High Court of Judicature at Allahabad in Criminal Contempt Petition No. 16 of 2004, whereby the High Court found the appellant guilty of Criminal Contempt for intimidating and threatening a Civil Judge (Senior Division), Etah in his Court on 16.4.2003 and 13.5.2003 and sentenced him to simple imprisonment of two months with a fine of Rs. 2,000/- and in default of payment of the fine, the appellant to undergo further imprisonment of 2 weeks. The High Court further directed the Bar Council of Uttar Pradesh to consider the facts contained in the complaint of the Civil Judge (Senior Division) Etah, and earlier contempt referred to in the judgement and to initiate appropriate proceedings against the appellant for professional misconduct. Reference to larger Bench and the Issue
(2.) On 27th January, 2006, this appeal was admitted by this Court and that part of the impugned judgment, which imposed the sentence, was stayed and the appellant was directed not to enter the Court premises at Etah (U.P.). Keeping in view the importance of the question involved while admitting the appeal on 27th January, 2006, notice was directed to be issued to the Supreme Court Bar Association as well as to the Bar Council of India. The matter was referred to the larger Bench. Learned Solicitor General of India was requested to assist the Court in the matter.
(3.) On 6th March, 2013 restriction on entry of the appellant into the court premises as per order dated 27th January, 2006 was withdrawn. Thereby, the appellant was permitted to enter the court premises. The said restriction was, however, restored later. On 20th August, 2015, notice was issued to the Attorney General on the larger question whether on conviction under the Contempt of Courts Act or any other offence involving moral turpitude an advocate could be permitted to practise.;


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