Allahabad HC Frames Contempt Charges Against Advocate Ashok Pandey Over Communal Allegations Against Sitting Judge

Last week, the Allahabad High Court framed criminal contempt charges against Lucknow-based Advocate Ashok Pandey for filing a petition in 2016, making 'baseless' and 'communal' allegations against a sitting judge. Charging him for 'misusing' the judicial process for 'publicity', and thereby 'scandalising' the Court and 'undermining' its dignity and authority, a bench of Justice Vivek Chaudhary and Justice Brij Raj Singh has directed Pandey to file his response in 15 days. The following charge has been framed against Pandey: “You, Asok Pande, Advocate, filed Writ Petition No. 8216 (MB) of 2016, and therein in paragraphs 9 and 10 of the said the writ petition made scandalous, reckless, and communal allegations against the Chairperson of the Organizing Committee of the High Court's sesquicentennial celebrations, who is a sitting Judge of this Court, thereby attempting to lower the authority and dignity of the Court And through such pleadings, you have scandalized the Court, interfered with the administration of justice, and sought to divide the judicial institution on communal lines, which prima facie constitutes criminal contempt under Section 2(c) of the Contempt of Courts Act, 197. Why should the contemnor, Mr. Asok Pande, Advocate, be not punished under the Contempt of Courts Act, 1971 for committing criminal contempt by filing a petition containing baseless, communal allegations against a sitting Judge, misusing the judicial process for publicity, and thereby scandalizing the Court and undermining its dignity and authority?” For context, Contempt proceedings against Pandey were initiated by a Division Bench of the High Court in April 2016 on his petition, in which he challenged a cultural program organised at the new campus of the High Court at Lucknow as part of its sesquicentennial celebrations. In the said petition, especially paragraphs 9 and 10, which the High Court took note of, Pandey made allegations against the then-sitting Judge, who was the Chairman of the organising committee concerning the celebrations. Essentially, Pandey's plea stated that the sitting HC Judge and his other religious men in the High Court administration had done a 'Harkat' to hurt the sentiments of Hindus by starting the evening culture program with 'Allah-hu, Allah-hu'. This, he claimed, was done to give a 'befitting' reply to the then Governor (Sri Ram Naik), who, during the day session, in the presence of then Vice President of India, Hamid Ansari, did Ram Katha and congratulated the persons gathered there on the eve of the Navratri and Ram Navami. Calling it Pandey's 'conscious and premeditated' attempt to bring the Court and the Judge of the Court into 'disrepute', a division bench in 2016 initiated contempt proceedings against him. In related news, last week, the High Court sentenced Pandey to six months' simple imprisonment for using abusive language against HC judges, calling them 'goondas' in open court in 2021. More details here : Allahabad High Court Sentences Advocate To 6 Months In Jail For Calling Judges 'Goondas'; Bars Him From Practicing In HC For 3 Yrs

Allahabad HC Frames Contempt Charges Against Advocate Ashok Pandey Over Communal Allegations Against Sitting Judge

Sparsh Upadhyay

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