Shreya Gupta
The Allahabad High Court has sentenced Lucknow-based Advocate Ashok Pandey to six months of simple imprisonment after finding him guilty of committing criminal contempt of court.
The Division Bench comprising Justice Vivek Chaudhary and Justice Brij Raj Singh delivered the judgment, holding that Pandey’s actions displayed utter disdain for the judicial process and constituted a continuous attempt to undermine the dignity and integrity of the institution with impunity.
The Court has also restrained him from practicing in the High Court at Allahabad and Lucknow for a period of three years. Additionally, he has been served a notice under Chapter XXIV Rule 11(3) of the Allahabad High Court Rules to explain why he should not be debarred from practicing before the High Court at both benches for the said period.
The contempt proceedings stem from multiple incidents involving Pandey’s unruly and contemptuous behaviour in court. On August 18, 2021, Pandey appeared before the Court in improper attire, dressed in civil clothes with his shirt unbuttoned. When advised by the Court to wear proper attire, he not only refused but also questioned the Court’s authority to define “decent dress.” He then proceeded to create a disturbance in the courtroom, used abusive language, and referred to the Judges as “goondas,” which the Court found to be a deliberate attempt to scandalize the Court and diminish its authority in the eyes of the legal fraternity and public present.
Moreover, two days prior, on August 16, 2021, Pandey had disrupted another court proceeding by entering the courtroom without permission or uniform and shouting at the top of his voice. He claimed his right to speak out of turn, prompting the Court to order his removal by security personnel to preserve courtroom decorum. He was kept in custody until 3:00 PM to give him an opportunity to reflect on his behaviour and offer an apology. However, after being released, Pandey resumed his disruptive conduct and refused to tender any apology or show remorse. Given this repeated misconduct and the lack of any expression of contrition, the bench decided that there was no scope for leniency and proceeded with suo motu contempt proceedings.
The Court took note of Pandey’s long-standing pattern of contemptuous behaviour dating back to 2003. It concluded that he had intentionally engaged in actions to undermine the Court’s authority and continued to disregard its orders. Despite being a senior member of the Awadh Bar Association, he was fully aware of his obligation to appear in proper court attire and maintain decorum, yet he blatantly breached these norms. The Bench termed his behaviour, including his abusive outbursts, as a direct and intentional affront to the dignity of the Court. His act of forcibly entering the courtroom, reaching the podium without leave, and shouting during proceedings was described as an egregious violation of courtroom protocol and an attempt to derail the administration of justice.
Based on these findings, the Court held that Pandey’s conduct squarely fell within the purview of Section 2(c)(i) of the Contempt of Courts Act, 1971, which pertains to acts that scandalize or lower the authority of the Court, and Section 2(c)(ii), which deals with acts that interfere with judicial proceedings. Consequently, he was sentenced to six months of simple imprisonment. After the pronouncement of the verdict, Pandey orally sought permission to appeal under Article 134(A) of the Constitution of India, but his request was rejected by the Court.
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