Imtiyaz Murtaza, J. - (1.) THE contempt proceeding in the instant case has its genesis in the Reference made by Sri M.K. Singh, Additional District and Sessions Judge/F.T.C. Budaun duly forwarded by the District Judge Budaun vide letter dated 12.5.2009 and 14.5.2009 respectively whereby the officer has referred the matter to this Court for initiation of contempt proceeding against Sri Uma Shanker Sharma, advocate Budaun.
(2.) IT would transpire from the record that on 23.4.2009 at 3.15 p.m. while the officer was engaged in hearing final arguments in S.T. No. 1093 of 2007, State v. Buntee and Ors., the contemnor accompanied with Sri Kshitiz Shankhdhar advocate his son and junior Sri Subodh Kumar Sharma, Sri Abhishek Rastogi advocates and 8 to 10 other advocates entered the Court room and the contemnor who was leading the mob consisting of advocates, became boisterous and disturbed the serenity of the Court speaking loudly that "This is not Pakistan ; that you are running your court according to Martial Law." Thereafter, he struck his hands on dais of the Court and yelled that "Hear Mirdulesh Kumar Singh you are dishonest. You have passed wrong orders of warrants against my clients". It is further narrated that when the presiding officer asked him to calm down the contemnor got enraged and by striking his hands on the dais yelled that "you at the maximum, refer the matter of contempt to Hon. High Court but I will not be affected in any manner. You are in service. I will gather whole bar against you and will make false complaints against you, then you will understand. My practice is more than your service." The above words uttered by the contemnor had the effect of scandalizing the Court in relation to its judicial functioning undermining dignity and was an affront to the majesty of law. On 13.7.2009, the Administrative Judge, Budaun passed the following order: Prima facie this appears to be a case of trying to overawe the Court and to lower its dignity. Kindly place before the Chief Justice for direction.
(3.) ON 15.7.2009, Hon'ble Chief Justice appended approval and it is in this backdrop that the matter has come up before this Bench.;