CRIMINAL CONTEMPT OF THE HIGH COURT OF JUDICATURE AT ALLAHABAD ON THE APPLICATION OF DISTRICT JUDGE Vs. SUBHAS TYAGI

JUDGEMENT

(1.) THIS matter has come before us on a reference made by the District Judge, Ghaziabad. The details have been mentioned by us in our earlier order dated 8.7.2004. Today the President, High Court Bar Association Sri C.L. Pandey alongwith the President and Secretary of Ghaziabad District Bar Association (who had been summoned by us by our order dated 8.7.2004) appeared before us. Sri Pandey has placed before us a copy of the resolution of District Bar Association Ghaziabad of the meeting held on 9.7.2004 by which they have recalled the resolution of dated 5.7.2004 for boycotting the court of Sri P.K. Srivastava, A.C.J.M., Ghaziabad. They have also given assurance that such act will not be repeated in future.

(2.) THIS Court is extremely reluctant to take action against lawyers as they are also members of the judicial family. However, there are limits beyond which the lawyers should not go. In this case Sri P.K. Srivastava, A.C.J.M. wrote a letter dated 6.7.2004 to the District Judge, Ghaziabad (which is on the record of this case) in which it is mentioned that Sri Subhash Tyagi, President, District Bar Association, Ghaziabad with others entered into the Chamber of C.J.M., Ghaziabad, where, Sri Srivastva was also sitting. Sri Tyagi caught hold of the shoulder of Sri P.K. Srivastava and told him that he must grant bail to Sri M.L. Rai. THIS was a highly objectionable and deplorable conduct of Sri Tyagi. Lawyers must know how to behave in Court. It is the discretion of the court to grant bail or not, and no lawyer can demand that bail must be granted by the court. However, in view of the apologies and assurance on behalf of the President and Secretary of Ghaziabad District Bar Association that such behaviour will not be repeated we are not taking any action against Sri Tyagi and others who misbehaved with Sri P.K. Srivastava, but we are giving a serve warning to them that in future such misbehavior will not be tolerated.

(3.) IN the present case the facts as reported reveal that an advocate impersonated as a Judge and enjoyed the State facilities which are meant for a High Court Judge. He was arrested and his bail application was rejected. If the lawyers were dis-satisfied with the order of the Addl. Chief Judicial Magistrate, Ghaziabad it was open to them to move a bail application before the District Judge, Ghaziabad, and if the learned District Judge (or the Judge to whom he assigned the application) would have also rejected the bail application then they could have moved this Court, but taking the law into their own hands and going on strike on such a frivolous pretext was highly objectionable and deplorable.