- (1.) In the present appeal, challenge is to the judgment of a Division Bench of the High Court of Judicature at Allahabad dated 25th August, 2006, whereby the Court punished the contemnor and convicted him for an offence of criminal contempt under Section 12 of the Contempt of Courts Act, 1971 (for short, 'the Act') and sentenced him to suffer imprisonment of four months and to pay a fine of Rs. 2,000/-, in default of payment of fine, to further suffer simple imprisonment for two weeks.
(2.) The contemnor, Shri Chandra Prakash Singh Chauhan, is an advocate practicing in the Civil Court at Mainpuri. He while appearing before the Court of learned Chief Judicial Magistrate, used abusive, unparliamentary and uncalled for language, when the Court was dealing with Criminal Case No. 3926/1998 titled State v. Devesh Kumar and Ors. on Crl. A. No. 1202/2006 25th September, 2004, at about 1.10 p.m. According to the advocate, he had moved an application under Section 156(3) of the Code of Criminal Procedure and wanted the matter to be heard and orders passed thereupon immediately. When the Court advised that he could wait for a while and the matter could be kept for sometime and dealt with, the counsel became angry and started shouting and used the following undesirable words: Maine teretatha tere tamam magistrate ki prati ki prati likhtt shikayaten ki hain, tere zila judge ki bhi shikayat ki hai, tera zila judge mere shikayat per ghar baith gaya hai, too is liya mera yah prathana patra nistarit nahin kar raha hai, saale nauaa teri aukat nahin hai, too mera prathana patra jan bujhkar take up nahi kar raha hai.
(3.) The above language at the face of it, is unparliamentary and, in fact, is not expected of an officer of the court to be spoken to. The learned Judge dealing with the matter still waited for the counsel to calm down and tender apology, however of no avail. This rude behaviour and use of abusive language by the advocate against the Judge in open court compelled the Judge to make a reference to the High Court for taking proceedings against the counsel under the provisions of the Act and the Allahabad High Court Rules, 1952 (for short, 'the Rules') framed by the High Court for that purpose.;