L P MISRA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(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:-