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"Pending references tend to demoralize the Judicial Officers, who are supposed to work fearlessly, and the erring lawyers continue to indulge in their notorious activities," observed Lucknow bench of Allahabad High Court directing Registrar General, High Court, to place all the references, made by the judges at district level under the Contempt of Courts Act, before the court for appropriate action. 

The bench of Justice Shamim Ahmed and Justice Rakesh Srivastava remarked thus while dealing with a case pertaining to violence in the Lucknow Civil Court.

The bench was apprised that one such reference given by Sandhya Srivastava, the then Chief Judicial Magistrate at Lucknow, in a matter of misbehavior committed against her by some advocates inside court premises, had been forwarded to the High Court long back but no progress had taken place till date.

Stressing the seriousness of the issue at hand, the bench directed the Registrar General to place the matter before the Chief Justice.

The bench said, "Expeditious disposal of admitted references is the demand of justice and any delay in taking cognizance thereon may tend to obstruct the course of justice."

In pursuance of the Court's earlier order, the District Judge, Lucknow and the Police Commissioner, Lucknow had filed their reports pertaining to cases registered against advocates across the district.

As per the District Judge's report, 50 cases are pending trial against the advocates in Lucknow Judgeship out of which 36 cases are pending before the Magistrate and 14 cases are before the Sessions Judge.

However, the Police Commissioner in his report had stated that there are a total of 74 such cases in which chargesheets have been submitted, while the District Judge has given reference to only 50 cases. He had further informed that in 28 cases investigation is still going on. 

Upon this, the High Court directed the District Judge to coordinate with the local police officers and give status of all the 74 cases in a detailed chart by the next date of hearing.

The Court also directed the Police Commissioner to ensure the earliest conclusion of investigation in the mentioned 28 cases and to further ensure that processes are issued in 74 cases in which chargesheet has been submitted or complied with, by the officials.

The Court said, "The cases involving advocates should be tried expeditiously so that innocent do not suffer and the guilty are not spared."

In furtherance of the same cause, the Court issued notice to the Uttar Pradesh State Bar Council and Bar Council of India. It also called upon the Uttar Pradesh Bar Council to inform as to what disciplinary action has been taken against the advocates, who have been found guilty of misconduct, while stressing that it would like to know the number of advocates against whom action has been taken within the last five years, as also the districts to which they belong.

Backdrop 

One petition had been filed before the High Court pertaining to the alleged violence that took place on October 30 at Lucknow District Court complex.

The petitioner (practicing Advocate at Lucknow) had alleged that on the said date, adjacent to gate 6 of the old High Court building (near Lucknow District Court complex) around 30 to 40 other advocates surrounded him, hurling abusive language which resulted in him ending up badly assaulted.

The petitioner Advocate had come to the High Court seeking the appointment of a responsible administrative or judicial officer to conduct a thorough inquiry into the incident.

He had alleged that it is not safe to perform lawful duties in the District Courts of Lucknow as violence with litigants, police personnel and lawyers has become the rule of the day.

Later on, along with the abovesaid complaint, many other issues too came up before the bench pertaining to regular violent incidents that take place in the District Court of Lucknow. 

Cause Title: Piyush Shrivastava (In Person) & Ors. v. State Of UP through Principal Secy. Home Lko. & Ors.