IN RE: APPLICANT Vs. K.P. SETH AND ANOTHER
LAWS(ALL)-2015-4-484
HIGH COURT OF ALLAHABAD
Decided on April 07,2015

In Re: Applicant Appellant
VERSUS
K.P. Seth And Another Respondents

JUDGEMENT

- (1.) Sri Kamla Pati Seth, Advocate (K.P. Seth) S/o Late Jagdish Narain and Mohd. Qurban, Advocate on behalf of Bar Association, Rampur, identified by their respective counsel Sri Rahul Sripat and Sri K.K. Arora are present in the Court.
(2.) This criminal contempt has been initiated against two contemnors, Sri Kamla Pati Seth and Mohd. Qurban, Advocates, and registered on a reference made by Sri S.P. Singh, District Judge, Rampur vide letter dated 4th July, 2012. It is stated therein that two contemnors alongwith large number of other Advocates entered Court rooms, raised slogans, took out Advocates who were present and working in the Court, forcibly, and disrupted Court proceedings on 06.06.2012, between 12.15 P.M. and 1.15 P.M. Report of disruption of Court functioning, slogans etc. was made by the other presiding officers of Rampur Judgship namely, Sri Shyam Lal Kori, Chief Judicial Magistrate; Sri Navneet Kumar Giri, Additional Civil Judge (Senior Division)/Additional Chief Judicial Magistrate; Sri Mumtaz Ali, Additional Chief Judicial Magistrate, Court No. 2; Sri Gyanendra Singh Yadav, Additional Chief Judicial Magistrate, Court no. 3; Sri Sita Ram, Civil Judge (Junior Division)/Judicial Magistrate; Sri Sanjay Kumar Singh, Additional Civil Judge (Junior Division)/Judicial Magistrate, Court No. 2 and Sri Yajuvendra Vikram Singh, Additional Civil Judge (Junior Division)/Judicial Magistrate etc. Again on 7th June, 2012, such a report was given by Smt. Alka Bharti, Additional Civil Judge (Junior Division)/Judicial Magistrate, Court No. 1, Rampur to the effect that at about 1.00P.M., when she was busy in Court, Sri K.P. Seth and Sri Qurban Ali, Advocates who were also office bearers of Bar Association as President and Secretary respectively approached the gate of Court room, prevented litigants and Advocates from entering the Court room, forcibly, and raised slogans. After lunch, aforesaid Advocates again disrupted Court proceedings and functioning.
(3.) Complaint letters were also made part of the reference letter of District Judge, Rampur. Relevant extract of complaint of Smt. Alka Bharti dated 06.06.2012, reads as under : ...[VERNACULAR TEXT OMITTED]... English Translation by the Court : "Again at 1 p.m., while dainik peshi being underway, the counsels and litigants were present in the court and I was discharging my judicial functions; at that very time Bar president Sri K.P. Seth, general secretary Sri Kurban Ali and Sri Junaid Khan, alongwith some other counsels, came over to the court; resorted to sloganeering, used indecent language laced with casteist words, forced the counsels and litigants out of the court room and again obstructed judicial proceedings. The Bar president also threatened that if a favourable order is not passed, the court shall not be allowed to run.";


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