The Allahabad High Court recently took exception to a senior advocate for shouting at the judges presiding over a hearing [Laxmi Security Guard Services And Another v. State Of U.P. and 8 Others].
In the September 27 order, a Bench of Justices Brij Raj Singh and Sangeeta Chandra noted that Senior Advocate SC Mishra began shouting at them after the Court declined to pass an interim order in his favour during the said hearing.
The Court said that the senior lawyer also cast aspersions against the Bench. It proceeded to refer the matter to the High Court's Chief Justice for drawing contempt of court proceedings.
"This conduct of a learned Senior Advocate has a tendency to scandalise and lower the dignity of the court. We, therefore, refer the matter to the Hon'ble Chief Justice, High Court of Judicature at Allahabad for drawing of Criminal Contempt proceedings against Shri Satish Chandra Mishra, learned Senior Advocate," the order said.
The incident took place during the hearing of a petition challenging the award of a tender. The dispute revolved around a tender issued by the Nagar Nigam (Municipal Corporation), in Lucknow.
Senior Advocate SC Mishra appeared for the petitioner who challenged the tender.
The Court on Friday found that certain records it had called from Nagar Nigam were yet to be submitted, despite directions to do so. It deprecated the corporation's failure to submit the records and said that the matter would be heard further on Monday (September 30), when the records must be presented.
"This kind of conduct on behalf of the Officials of Nagar Nigam is not appreciated at all. It is not as if the record relating to the tender issued by the respondents is a confidential document and the respondents are seeking privilege over it," it added.
However, the petitioner's counsel, Senior Advocate Mishra, then insisted that his client should be granted interim relief, even if the record was not available yet for the Court to examine.
The Court was not inclined to do so, and said that it would pass such an interim order on Monday, if required and after checking the records called for.
Mishra objected to this and shouted at the Bench, insisting that the matter should be finally decided on Friday itself, according to the Court's order. At this juncture, the Bench asked Mishra to argue on merits if he was insisting on the passing of an interim order.
Mishra refused to do so, according to the Court, and proceeded to accuse the Bench of bias and said that the Court can pass "any order as it pleases" or even "dismiss the matter, for all he cares."
Taking a serious view of such conduct, the Division Bench proceeded to refer the matter to the Chief Justice.
"We requested Shri S.C. Mishra, pointing it out to him that he is a designated Senior Advocate and he should not make such kind of arguments in Court as it would set up a very bad example for all the junior lawyers who are present in the Courtroom today. However, Shri S.C. Mishra did not listen to the Court's request and continued in the same manner casting aspersions on the conduct of this Court proceedings and making personal imputation of malice," the order said.
Senior Advocate Satish Chandra Mishra with Advocates Sunil Kumar Chaudhary and Prafulla Tiwari appeared for the petitioner.
Standing Counsel Sankalp Dewari represented the State, while Senior Advocate JN Mathur and Advocates BK Singh and Namit Sharma appeared for other respondents.
[Read Order]