Lawyer in unbuttoned shirt hurls abuses at bench: Allahabad HC directs bar to decide on his ‘worthiness’ to practice

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Directing the Bar to decide whether such a person is worthy of being part of the noble profession, Allahabad High Court framed charges against a practicing layer, namely Ashok Pande last week. Court has asked the bar to examine his past conduct to ascertain the same.

In an unfortunate event, the lawyer came to the Court room in a civil dress with an unbuttoned shirt and used abusive language against the judges accusing them of behaving like 'goondas'.

Therefore, exercising its plenary powers under Article 215 of the Constitution of India, the court has called upon Mr. Pande to answer the charge and to present himself to be tried before the Bench concerned on August 31, 2021.

The Court has, prima facie, found him guilty of committing ex facie contempt of Court.

the Bench of Justice Ritu Raj Awasthi and Justice Dinesh Kumar Singh, initiated a Suo Motu Contempt Proceedings against Mr. Pande when during the course of the hearing, he did not stop and continued to create an unpleasant atmosphere inside the Court.

Even, the Court had to call the Court Officer and the security to remove him from the Court Room, when he went on to create ruckus in the courtroom.

Charges as framed by the court states that on August 18, 202021 as soon as the Court assembled in the morning, Mr. Pande came to the podium in the civil dress with an unbuttoned shirt.

Being enquired as to why he was not in uniform, he said that since he had challenged the Bar Council Rules prescribing the Dress Code in a PIL therefore, he would not put on the uniform. He contended that since he was appearing in-person before the court, it was not required for him to don Lawyers' Uniform.

To this, when he was asked by the court to button up, he refused doing so and even started questioning the court as to 'what is decent dress'.

He further used intemperate language, indulged in indecent behaviour amounting to gross misconduct and challenged the authority of the Court.

Court also noted that on an earlier date, he barged in the Court and came to podium without uniform and started shouting on top of your voice. When the Court asked you that in what capacity, you were addressing the Court, you said that being a Member of the Avadh Bar Association, you had every right to address the Court.

His such conduct resulted in the court observing as,

“Your conduct in the court and outside the court clearly intended to defile the image of the Court, cast insinuations and personally insult judges in open Court.”

“Your ex-facie contemptuous behaviour as envisaged under Section 15 of the Contempt of Courts Act, 1971 defining criminal contempt that makes you liable to be punished and to be debarred from practicing in this Court in view of the provisions of the Contempt of Courts Act, 1971,” Court held.

Therefore, Court called upon him to answer the charges in person or through counsel on the date fixed.

Pande's brief history of misbehaviour, using indecent and intemperate language in pleadings and oral submissions and making scurrilous allegations against sitting and retired Chief Justices, Judges of the Court and judges of the Supreme Court has been also recounted by the Court in its order.