- (1.) PRESENT Contempt proceeding has its origin in the Reference made by Sri Amar Singh Chauhan, District Judge, Lakhimpur Kheri, whereby the District Judge has prayed for initiation of contempt proceeding under section 2 (c) of the Contempt of Courts Act, 1971 against contemnor Ghanshyma Agnihotri, a practising Advocate of Civil Courts Lakhimpur Kheri vide letter which is anointed as contempt petition under section 15(2) of the Contempt of Court Act 1971.
(2.) SHORN of unnecessary details, the facts are that on 16.04.2010, while the complainant was holding the court, a motley group of lawyers headed by the contemnor entered the court room and enjoined the lawyers present in the court room to leave the court room forthwith. This led to verbal duel between the contemnor and one Shrikant Awasthi Advocate. While the verbal duel was going on, the contemnor addressing the court, remarked that that it was he who was responsible for what is happening further blaming that had he not sat in the court, whatever is happening could be averted. The words uttered by the contemnor are enumerated below. "Is Sabke Aap Jimmedar Hain, Yadi Aap Court Par Na Bathte To Yah Samasya Na Hoti."
(3.) REFERRING to another incident which took place on 16.4.2010 in Court no 5 in which court of Addl Distt Judge was transacting judicial business, it is mentioned that again the self -same group of lawyers headed by Ghanshyam Agnihotri including Rajendra Misra Advocate and Saroj Awasthi Advocate, entered the said court room where the presiding officer was holding court. The aforesaid lawyers forced the officer to retire to Chambers and vandalized the furniture and also tried to damage the glass panes of the windows. They also uprooted name plate hanging out at the entrance of the court. It is further mentioned that since the contemnor Ghanshyam Agnihotri, General Secretary of the Bar was unable to persuade the lawyers who appeared in the court despite call for boycott of the courts, he misbehaved with the complainant as also with the presiding officer of Court no 5 including the lawyers who had not supported the call of boycott and raised provocative slogans and uttered words quoted above. On 21.2.2011, it would transpire, the matter was put up before the Administrative Judge Lakhimpur Kheri who appended the following remarks: "Charges are serious in nature. Place before Hon'ble the Chief Justice with the recommendation to initiate proceedings for criminal contempt against the advocates named in the reference.";