Allahabad High Court Sentences Lawyer to Six Months' Jail for Calling Judges 'goondas'

Allahabad High Court Sentences Lawyer to Six Months' Jail for Calling Judges 'goondas'

The Allahabad High Court has sentenced Advocate Asok Pandey to six months of simple imprisonment and a fine of ₹2,000 for using abusive language against judges during open court proceedings in 2021, including by referring to them as "goondas."

A Bench of Justice Vivek Chaudhary and Justice Brij Raj Singh also asked Advocate Pandey to show cause as to why he should not be barred from practicing before the High Court for three years.

The Court passed its order after noting that Pandey has exhibited a pattern of disrespect towards the judiciary. The Court also cited instances of such misconduct by Pande between 2003 and 2017.

"Such repeated misconduct shows that the contemnor (Pande) is not merely misguided but is intentionally engaged in a pattern of behaviour aimed at undermining the authority of this Court. He continues to disregard orders of the Court, refuses to acknowledge the error of his ways, and shows no signs of reform," the Court said, while finding the lawyer guilty of criminal contempt of court.

The incident that led to the present contempt of court proceedings took place on August 18, 2021, before another Bench of Justices Ritu Raj Awasthi and Dinesh Kumar Singh.

The Court recounted that Pandey had appeared before the earlier Bench in improper attire, wearing civilian clothes with his shirt unbuttoned.

Upon being advised by the Bench to dress appropriately, he not only refused to comply with the directive but also challenged the Court by questioning the meaning of “decent dress.”

He is further said to have disrupted court proceedings, used abusive language, and accused the judges of “behaving like goondas” in the presence of advocates and others present in the courtroom.

The Court further noted that even earlier, on August 16, 2021, during another hearing, Pandey entered the courtroom in improper attire, shouted disruptively, and insisted on being heard as a member of the Awadh Bar Association.

The Court added that the earlier Bench also gave Pande an opportunity to apologise before it initiated contempt of court proceedings in 2021. However, he is said to have shown no remorse.

In its April 10 order, the Bench of Justices Chaudhary and Singh found that there was no change on this front. It observed that Pande had not submitted any response to the contempt charges framed against him, despite multiple opportunities.

"Neither any affidavit is submitted, nor any explanation is provided by the contemnor to justify or retract the charges. His persistent noncooperation with the Court, coupled with his silence in response to the specific charges framed, leads us to infer that he has no defense to offer and remains recalcitrant and unrepentant," the Court concluded.

The Court further noted that Pande's conduct showed a continuing pattern of deliberate defiance and misconduct, even though he had earlier also been barred from entering the High Court for two years in connection with another contempt case.

"The above conduct of contemnor clearly shows that he treats the judicial process with utter disdain and continues to undermine the dignity and integrity of the institution with impunity," the Court added.

The Court proceeded to hold Pande liable for criminal contempt of court.

"The contemnor is sentenced to six months’ simple imprisonment and fine of Rs.2000/-. In case of failure to pay the fine within one month from today, the contemnor shall undergo further imprisonment of one month. Contemnor is directed to surrender before the Chief Judicial Magistrate, Lucknow within four weeks from the date of this judgment to serve the sentence imposed herein," the Court ordered.

The matter will be heard next on May 1 to examine Advocate Pande's response to whether he should be barred from practice before the High Court for three years.