Plea In Jharkhand High Court To Initiate Contempt Proceedings Against AG & AAG For Seeking Recusal Of HC Judge

An application seeking criminal contempt proceedings against the Advocate General Rajiv Ranjan Mishra and Additional Advocate General Sachin Kumar has been filed before the Jharkhand High Court for the incident where he sought recusal of Justice Sanjay Kumar Dwivedi, saying that he heard the counsel for the petitioner state that '200% the matter is going to be allowed'.

On hearing the application yesterday, Justice Sanjay Kumar Dwivedi posted the matter for consideration on August 31, 2021.

The matter before the Court arose out of a writ seeking CBI investigation into the killing of a female Officer in Charge posted at Sahibganj, Jharkhand. When the matter was taken up after the final hearing on August 13, 2021, Advocate General Rajiv Ranjan Mishra stated that the matter should be posted before the bench comprising of Chief Justice as on the previous date, he heard the counsel for petitioner state that '200% the matter is going to be allowed.'

The contempt application states that after the submissions made by the Advocate General Rajiv Ranjan Mishra, the Additional AG Sachin Kumar vehemently argued in a language not appropriate to be used before the Court. As per the contempt application, AAG Sachin Kumar noted that,

"The Court may or may not hear the matter, but the State will not contest this case."

It is further contended that Additional Public Prosecutor Priya Shreshta and A.C to Advocate General Mohan Dubey also appeared amid their arguments, tending to lower the authority of the Court and bringing it to disrepute and disrespect.

It further states that despite the Court's strict observations directing the Advocate General to file an affidavit, he stated that his oral submissions are sufficient.

The application states that the Court had originally recorded AAG Sachin Kumar's behaviour in the order but deleted it after his repeated requests. Moreover, it is alleged that the AAG misbehaved with the counsel for the opposite side.

The Assistant Solicitor General of India, Mr Rajeev Kumar, has also submitted that the manner is not appropriate to address the Court and should be immediately stopped as it casts aspersion on the majesty of the Court.

The counsel for petitioners refuse and state that it is false to claim that they said that the matter is going to be allowed 200%.

Alleging interference with the due course of justice in a manner affecting the dignity, prestige and authority of this Court, the application states that a case is made out to attract Section 2(c)(i) of the Contempt of Court Act,1971. 

Title: Devanand Oraon v. The State of Jharkhand & Others

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