Murli Dhar Mishra vs State of U.P.

D.S. Sinha, J.—Adhering to the well established and known practice of the Court, on Tuesday the 25th October, 1994 unlisted miscellaneous applications were taken up at 12 O''clock and disposed of by 12.25 p.m. Some applications were rejected as there was no counsel or party present to press them. In two such applications Shri Murlidhar Misra, Advocate was the counsel for the applicant.

Soon after the Court resumed consideration of left over fresh petitions in seriatim, Shri Misra appeared in Court and, without seeking usual permission and in a very agitated manner, started making complaints about rejection of his applications.

He was asked not to disturb the judicial proceedings that were going on and was advised that, conventionally, time for mentioning matter in Court was after lunch at 1.45 p.m. On this Shri Misra exhibited great rage and virtually started shouting and insisted that the order rejecting his applications be recalled at once otherwise, he warned :

^^vkidks Hk;adj ifj.kke Hkksxus iMs+xs] vki csbZekuh dj jgs gSaa] csbZeku gaSa] vklkuh ls dksbZ fjyhQ ugha nsrs] ;g vU;k; djrs gS] eSa vkids dksVZ dk ck;dkV djok�axk] esjs f[kykQ dUVsEiV djkus dh lksp jgs gks rks pykb,] eSaa ijokg ugha djrk eSa [kqn vkids f[kykQ dUVsEiV pyk�axk] cjckn dj nw�xk] eq�r esa eksVh ru[gkg [kk jgs gaSa] vkjke ls**

He was told that Court would not pass any order desired by him under threat or coercion, and it would pass only such orders as were just and proper. He was requested to allow the judicial proceedings relating to other petitions to go on. This, in fact, led to another out burst by Shri Misra. He exclaimed :

^^ns[kks] vxj eq>s ikxyiu lokj gks x;k rks eSa dqN Hkh dj ldrk gwW] vc eSa aikxy gks jgk gwW th pkgrk gS vkids gkFk ls QkbZy Nhu ywW

He pointed to the desk in front of him and shouted :

^^vkids �ij mBkdj MsLd Qsad nwWxk] lj QV tk,xk vkMZj fjdkMZ dj yhft, dksbZ nwljk odhy dqN ugha dgsxk**

Shri Misra had completely lost his balance at that time. He willfully and deliberately behaved contemptuously and obstructed the Court from transacting its judicial business. Indeed, such a situation was created that Court was compelled to rise without being able to transact any other judicial business that day.

The manner in which Shri Misra had conducted himself clearly warranted action for contempt of Court but exercising judicial restraint in the hope that better sense might prevail and keeping in view the larger interest of the administration of justice no proceedings for contempt were drawn against him,

Unfortunately, such hopes of better behaviour being exhibited by Shri Misra were belied when the next morning i.e. on Wednesday the 26th October, 1994. Shri Misra appeared in Court at 10 a.m. and, without seeking permission and stealing a march over the other advocates standing to make mention, demanded, again with a very contemptuous gesture, adjournment of proceedings in Misc. Writ Petition No. 10650 of 1992, A.K. Singh v. State, listed at serial No. 3 in the Cause list of Court No. 5, on the ground that he would be appearing in the case for the petitioner. In the Cause list the name of another counsel, namely, Shri S. S. Tripathi was shown as counsel for the petitioner.

On this it was suggested to Shri Misra that he should file his Vakalatnama. The suggestion infuriated Shri Misra sending him into unbridled frenzy. He shouted:-

^^D;ks ugha ,MtuZ djksxs \\ bl dsl esa D;k bUVjsLV gS \\ t:j dksbZ fMlvkusLV] djIV eksfVo gS] ikxy gks x, gks**

He went on saying ^^csbZeku gks] er djks esjk dksbZ eqdnek lc V�klUlQj djks**

He did not stop there and further said: ^^gkbZ dksVZ esa vky ttst vkj QwYl fMlfel fd, tk jgs gSaa dslsl fjyhQ gh ugha nrs bu&tfLVl djrs gS**

He then warned : ^^eS rqedks dksVZ esa dke ugha djus nwWxk] ck;dkV djk�xk] iRFkj dh ewfrZ cus cSBs gks dqN rks cksyks eSa tkurk gwW esjs f[kykQ dUVsEiV pykus dh lykg nh x;h gS eS vk;k gwW pykvks dUVsEiV ,sDlku yks ,suM Qsl dkUlhdosUlst ugha rks eSa rqEgkjs f[kykQ dUVsEiV pyk�xk Qkj Vhfpax yslu A**

Shri Misra willfully and deliberately held up judicial proceedings of the Court for about half an hour i.e. between 10 a.m. and 10.35 a.m.

The manner in which Shri Misra acted constitutes blatant contempt of Court which cannot be allowed to go without taking appropriate action.

There can be no escape from the conclusion,) in the context of the facts narrated, that the conduct of Shri Misra renders him guilty of contempt of the High Court of Judicature at Allahabad. This being ex-facie contempt committed by Shri Misra, he is hereby convicted for contempt of Court under Article 215 of the Constitution of India and sentenced to simple imprisonment of ten days and a fine of Rs. 2000/-, in default of payment of which he shall undergo 10 days simple imprisonment.

Let a copy of this order be served upon Shri Misra forthwith. Further, a copy of the order be sent to the Uttar Pradesh Bar Council at Allahabad and the Bar Council of India for appropriate action at their end.

Order announced.

The contemner, who is present, is directed to be taken in custody forthwith to serve the sentence of imprisonment imposed upon him. He enquires about the time fixed for depositing fine. He has been told that no time has been fixed.