A.K. Yog, J. - (1.) Present proceedings in contempt arises in pursuance to reference made by learned Single 'Judge' of this Court vide Order dated 1.9.2005 which reads: "Registry to list the case as a Crl. Misc. Case While I was hearing Criminal Misc. Case No. 162 of 1986...... v. .........Shri Vishal, Dixit, Shri Shiva Kant Tiwari, and Shri Manoj Dwivedi Advocates alongwith 10-12 Advocates at 10.45 A.M. appeared in the Court and started shouting that they will not allow this Court to transact any business unless decision is taken by the Bar Association. He (Shri Vishal Dixit Advocate) is the Secretary of the Avadh Bar Association. He also said that there was no hurry and urgency in disposing of a revision and wanted to know what was the reason which prompted this Court to dispose of Civil Revision No. 117 of 2005...........Vs ...............with so much urgency when this Bench was nominated only on 22nd August. They disturbed the Court proceedings and did not allow any business to be transacted. They also threatened the Bench Secretary to stop the Court work and that if he continues to work, he will be physically dealt with. This act of Shri Vishal Dixit, Shri Shiva Kant Tiwari and Shri Manoj Dwivedi Advocates and their associates (Advocates) amounts to a criminal contempt of Court and they are liable to be punished. Accordingly, notices are being issued against them to show cause by 5.9.2005 as to why they be not punished along with their associates for committing the contempt of this Court. The Registry will ensure the service of this notice to Shri Vishal Dixit, Shri Shiva Kant Tiwari and Shri Manoj Dwivedi Advocates of this Court, within 12 hours. List on 5.9.2005."
(2.) Before entering into merits of the case, order dated 25.10.2005 (on the order sheet of the case) which is self-explanatory, may be quoted : "25.10.2005 Hon'ble A.K. Yog, J. Hon'ble S.N. Shukla, J. A mention was made in the morning that an application has been filed today in the Registry with a prayer that present contempt case be heard on the ground that due to pendency of the said criminal contempt petition which is against the applicant, Sri Manoj Dwivedi, Advocate (and two others Advocates of the Bar of Lucknow Bench of High Court, Allahabad), his professional image is being tarnished effecting his professional efficiency and honour. Case was taken up when Court assembled after lunch hours. Sri Manoj Dwivedi, Advocate is present in person. The other two Advocates namely S/Sri Vishal Dixit and Shiva Kant Tiwari against whom contempt notice is issued and duly served (as per record) are not present. We also find that these Advocates have not filed their response. Considering that the present criminal contempt is against three Advocates who are regularly practising in the Bar of the Lucknow Bench of High Court, Allahabad and that such matters be heard with utmost expeditious as otherwise pendency of the contempt matter itself may, besides distorting professional image of the Advocates in question in particular, it may also damage the cordiality and mutual. trust between Bar and Bench which is essential for smooth functioning of a judicial institution, we had sent for record of the case along with Application No. 11479 of 2005 on the request made at the Bar (as noted above). Let proper response be filed within 24 hours, if the Advocates in question are interested to get the case heard and finally decided on merit. As prayed, put up on 27.10.2005 for further hearing before this Bench. The Advocates in question may file their response, if so advised. Sri Janardan Singh, learned A.G.A has no objection to the above order. Sri Manoj Dwivedi, Advocate undertakes to inform the said order to the other two Advocates namely S/Sri Vishal Dixit and Shiva Kant Tiwari in order to enable them to appear on the date fixed."
(3.) Opposite parties, being Advocates, are pursing legal profession and normally practising before Lucknow Bench of High Court, of judicature, at Allahabad. They are, as such-members of "Oudh Bar Association".;