STATE OF U P Vs. L P MISRA

JUDGEMENT

(1.) B. M. Lal, J. Judgment rendered in this application shall also dispose of Civil Misc. Application No. 1095 of 1994-Dr. L. P. Misra v. State of U. P. Habeas Corpus Petition No. 292 of 1994, Anand Mohan v. State of U. P. and Habeas Corpus Petition No. 291 of 1994, A. K. Bajpai v. State of U. P. , as all these applications/petitions arise out of the judgment and order dated 15-7-1994 rendered by this Court in Criminal Misc. Case No. 2058 (C) of 1994-State of U. P. v. Dr. L. P. Misra and four others, whereby the appli cants and petitioners have been sentenced to imprisonment for one month and a tine of Rs, 1,000 each, an1 in default of payment of the tine to further imprisonment for 15 days.

(2.) ON the same day i. e. on 15-7-1994 the application No. 1096 of 1994 was moved on behalf of all the five contemners by the President of Avadh Bar Association, Sri Nagendra Mohan, with the prayer that order dated 15-7-1994 passed by this Court convicting the five contemners, be suspended and atleast six weeks' time be granted enabling the contemners to file special leave petition before the Apex Court inter alia on the ground that without giving any opportunity of being heard the order impugned dated 15-7-1994 has been passed by this Court is against all well settled norms.

(3.) BEFORE attempting to decide these applications and petitions, it seems desirable to narrate in brief how that tragic moment came on the fateful day of July 15, 1994 when this Court was constrained to take recourse to the provisions of Article 215 of the Constitution in convicting and punishing the applicants.