Lucknow, Sep 28 (PTI) The Allahabad High Court has referred a matter to the Chief Justice for drawing criminal contempt proceedings against a senior advocate, saying his conduct “has a tendency to scandalise and lower the dignity of the court”.
In the order, Justices Sangeeta Chandra and BR Singh of the Lucknow bench observed that despite repeated requests, S C Mishra, senior advocate and former member of Parliament, did not desist from casting aspersion on the conduct of the court and making personal imputation of malice.
The bench passed the order while hearing a writ petition relating to a tender matter filed by Laxmi Security Guards Services firm.
Mishra, assisted by advocates Sunil Chaudhary and Prafulla Tiwari, was arguing the case on Friday on behalf of the petitioner firm, while senior advocate JN Mathur assisted by BK Singh was appearing for the contesting firm.
After hearing the matter, the bench was inclined to postpone it to September 30 and to direct the Lucknow Municipal Commissioner (LMC) to produce the records relating to the tender.
However, Mishra insisted on an interim relief that the Letter of Intent should not be issued to the alleged successful bidder till then.
The bench was not inclined to pass the interim order as desired by Mishra in view of the Municipal Council’s plea that in the earlier technical presentation done after the submission of bids, all three bidders, including the petitioner’s technical presentations, were not found up to the mark.
Annoyed at the behaviour of Mishra, the bench observed, “We had proposed to put up the matter on September 30 to hear the parties, as there is a paucity of time and this bench is only up to 01:15 p.m. There is a Full Bench matter listed at 02:15 p.m.
“However, the insistence of Mishra that an interim order be granted today and the Letter Of Intent be directed not to be issued was not acceptable to the court and the court directed that such interim order shall be granted on September 30, if he would be able to make out a case and after perusal of the record of LMC.” “At this stage, Mishra took umbrage and started shouting in the court that the matter be decided finally today itself. At this, the court asked him to argue the matter on merits.
“Mishra refused to argue the matter on merits and he said that he does not wish to say anything as the court is inclined to pass order in favour of the respondents even without looking into the records and even without asking for a counter affidavit from the respondents and that the court may pass any order as it pleases. The court may dismiss the matter also, for all he cares”, the bench recorded in its order.
This conduct of a senior advocate has a tendency to scandalise and lower the dignity of the court, the bench observed while recommending criminal contempt proceedings against Mishra.
Meanwhile, the Oudh Bar Association has convened a meeting on September 30 to discuss the issue.
“The meeting is called to discuss about the complaints earlier received against justice Sangeeta Chandra and the incident that has happened with senior advocate SC Mishra,” OBA general secretary MK Dwivedi said. PTI COR CDN RT RT RT RT RT
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