9911796707
TMI Blog1998 (8) TMI 640X X X X Extracts X X X X X X X X Extracts X X X X ..... 2. We do not deem it necessary at this stage to set out in detail the allegations which led to the present proceedings. Suffice it to refer to the relevant recitals in the impugned order relating to the present action. 3. On 15th July, 1994, the Division Bench comprising of Mr. Justice B.M. Lal and Mr. Justice A.P. Singh commenced its proceeding and in fact some of the cases listed before it were heard. While hearing Writ Petition No. ............ of 1994 (Deoki Nandan Agarwal Vs. Commissioner, Faizabad Division and others), Dr. L.P. Misra, Advocate-appellant in Crl. Appeal No. 483 of 1994 along with his associates entered in the court room raising slogans and asking the Court to rise and stop functioning. The Court, however, continued t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d insult to the court as it scandalises the court and lowers the authority of the Court. Therefore, in our considered opinion, Dr. L.P. Misra, Sri A.K. Bajpaie, Sri Anand Mohan Srivastava, Sri Y.C. Pandey and Sri Shamim Ahmad, Advocates, are Exfacie guilty of contempt of court and accordingly in exercise of powers conferred by Article 215 of the Constitution of India, this Court hereby sentence aforesaid advocates, namely (1) Dr. L.P. Misra, Advocate, (2) Sri A.K. Bajpaie, Advocate, (3) Sri Anand Mohan Srivastava, Advocate and (4) Sri Shamim Ahmad, Advocate with imprisonment for one month and fine of ₹ 1,000/- (Rupees one thousand) each and in default of payment of fine they shall undergo further imprisonment for 15 days. The cour ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Emphasis was laid on Rule 7 and 8 which read as under :- 7. When it is alleged or appears to the Court upon its own view that a person has been guilty of contempt committed in its presence or hearing, the Court may cause such person to be detained in custody, and at any time before the rising of the Court, on the same day or as early as possible thereafter, shall - (a) cause him to be informed in writing of the contempt with which he is charged, and if such person pleads guilty to the charge, his plea shall be recorded and the Court may in its discretion, convict him thereon, (b) if such person refuses to plead, or does not plead, or claims to be tried or the Court does not convict him, on his plea of guilt, afford him an opp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted to appear and assist the Court. 9. After hearing learned counsel for the parties and after going through the materials placed on record, we are of the opinion that the Court while passing the impugned order had not followed the procedure prescribed by law. It is true that the High Court can invoke powers and jurisdiction vested in it under Article 215 of the Constitution of India but such a jurisdiction has to be exercised in accordance with the procedure prescribed by law. It is in these circumstances, the impugned order cannot be sustained. 10. The next question that needs to be considered by us is as to what proper order could be passed in the circumstances of this case. 11. The incident in question had taken place at ..... X X X X Extracts X X X X X X X X Extracts X X X X
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