- (1.) This batch of criminal appeals arise out of an order dated July 15, 1994 in Criminal Misc. Case No. 2058 (C) of 1994 passed by the Division Bench of the Allahabad High Court, Lucknow Bench at Lucknow, holding the appellants guilty under the Contempt of Courts Act and awarding a sentence to each one of them of imprisonment for one month and a fine of Rs. 1,000/-; in default of payment of fine to undergo further imprisonment for fifteen days.
(2.) We do not deem it necessary at this stage to set out in detail the allegations which led to the present proceedings. Suffice it to refer to the relevant recitals in the impugned order relating to the present action.
(3.) On 15th July, 1994, the Division Bench comprising of Mr. Justice B. M. Lal and Mr. Justice A. P. Singh commenced its proceeding and in fact some of the cases listed before it were heard. While hearing Writ Petition No.-of 1994 (Deoki Nandan Agarwal v. Commissioner, Faizabad Division and others), Dr. L. P. Misra, Advocate-appellant in Crl. Appeal No. 483 of 1994 along with his associates entered in the Court room raising slogans and asking the Court to rise and stop functioning. The Court, however, continued to function whereupon Dr. L. P. Misra along with Shri A. K. Bajpaie, Shri Anand Mohan Srivastava, Shri Y. C. Pandey and Shri Shamim Ahmad (appellants in connected appeals) came on the dias and tried to manhandle and in that process Dr. L. P. Misra caught hold of Justice A.P. Singh forcing the Court to rise and then used abusive language against Justice B. M. Lal in the following words:- "TUM SHALE UTTH JAAO NAHIEN TO JAAN SE MAAR DAALENGE. TUMNE CHIEF JUSTICE SE KAHA HAI KI LUCKNOW KE JUDGES 5000/- RUPYA LEKAR STAY GRANT KARTE HAIN AUR STAY EXTEND KARTE HAIN AAJ 2 BAJE TAK AGAR TUM APNA BORIYA BISTAR LEKAR YAHAN SE NAHIEN BHAG JAATE HO TO TUMHE JAAN SE MAAR DALENGE." In view of an alarming and threatening situation, the Court was forced to retire and consequently both the Hon'ble Judges retired to the Chamber of Justice B. M. Lal. Dr. L. P. Misra then entered the chamber and repeated the same uncivilised language and extended the same threat. It was because of intervention of Shri J. N. Bhalla, Addl. Chief Standing Counsel, State of U.P. and some members of the staff of the Court who persuaded Dr. L.P. Misra and others to leave the chamber. After some time, the Court reassembled and took a serious note of contemptuous conduct on the part of the appellants and in exercise of it's power under Art. 215 of the Constitution of India passed the following order:- "This clearly amounts to grossest contempt of the Court, interference in the administration of justice and insult to the Court as it scandalises the Court and lowers the authority of the Court. Therefore, in our considered opinion, Dr. L. P. Misra, Sri A. K. Bajpaie, Sri Anand Mohan Srivastava, Sri Y.C. Pandey and Sri Shamim Ahmad, Advocates, are ex facie guilty of contempt of Court and accordingly in exercise of powers conferred by Art. 215 of the Constitution of India, this Court hereby sentence aforesaid advocates, namely (1) Dr. L. P. Misra, Advocate, (2) Sri A. K. Bajpaie, Advocate, (3) Sri Anand Mohan Srivastava, Advocate and (4) Sri Shamim Ahmad, Advocate with imprisonment for one month and fine of Rs. 1,000/- (Rupees one thousand) each and in default of payment of fine they shall undergo further imprisonment for 15 days." The Court further directed the Addl. Registrar of the said Court to take steps forthwith for execution of this order.;