STATE Vs. BRIJ KISHORE MISRA ADVOCATE FARUKHABAD

JUDGEMENT

(1.) The contempt proceeding in the instant case has its genesis in the Reference made by Sri Arvind Misra, Additional Civil Judge (J.D.) Farukhabad vide letter dated 10/9.5.2007 whereby the officer has referred the matter to this Court for initiation of contempt proceeding against Brij Kishore Misra, Advocate Farukhabad.

(2.) According to the allegations contained in the Reference made to this Court, in a pending original suit no. 343 of 1997, the defendant had filed documentary evidence on 9.5.2007 for being admitted on record of the aforesaid suit. One of the counsel for the plaintiff namely Rakesh Kumar Saxena, prayed for filing objection and acceding to his request, the Court fixed 29.5.2007 for objection and disposal thereof. The contemnor namely, Brij Kishore Misra, who was appearing as a second counsel in the aforesaid case, came to the court in a jiffy and yelled at the court in a phraseology which was undignified, and had the effect of scandalizing the court in relation to its judicial functioning undermining dignity and was an affront to the majesty of law.

(3.) Referring to his further scandalous action, the District Judge Farukhabad reported that on 10.5.2007, while he was in the process of hearing the Criminal Revision no. 47 of 2007, the contemnor entered the court room in a jiffy and obstructed the hearing by complaining against a civil Judge posted in that Judgeship without naming him alleging that the officer had asked his client to change the lawyer. On being queried, the contemnor did not disclose the name of the officer. However, the District Judge tried to smooth over the matter and asked him to give in writing whatever grievance, he had against the officer that be. Instead of mellowing down, the contemnor shouted saying that the District Judge would not initiate any action as he was acquainted with his (District Judge) way of working and that he would move appropriate application against him to Adhivakta Sangh (Advocate Association). Hearing this, the District Judge asked him to leave the court as he was interrupting the judicial proceeding and undermining the dignity of the court upon which the contemnor collected mob outside the court and indulged in slogan shouting against the District Judge.