Allahabad High Court Initiates Contempt Proceedings Against Advocate for Allegations of Bias

Advocate's Conduct to be Reviewed by Bar Council Following Accusations Against Judiciary

In a significant development at the Allahabad High Court, Justice Siddharth has directed criminal contempt proceedings against Advocate Harish Chandra Shukla following his allegations of bias and dishonesty against the court. The counsel's conduct is also set to be reviewed by the Bar Council of Uttar Pradesh for adherence to professional ethics.

The case at hand involves a bail application for Haribhan Alias Monu Alias Ramakant, accused in a serious crime involving assault and murder. The applicant's counsel argued for bail based on the fact that only one firearm injury was found, despite multiple assailants allegedly opening fire.

During the proceedings, Advocate Harish Chandra Shukla, representing the informant, failed to provide specific replies to the applicant's counsel's arguments. Instead, he presented written submissions accusing the court of bias and dishonesty, expressing distrust in the judiciary's ability to deliver justice.

The court, after reserving the bail application order, examined the written submissions and deemed the allegations against the judiciary as serious enough to warrant contempt proceedings. Consequently, the court has directed the registry to present the case records before the appropriate division bench to initiate contempt proceedings under Section 15 of the Contempt of Courts Act, 1971.

Furthermore, the Bar Council of Uttar Pradesh has been instructed to assess the conduct of Advocate Shukla to determine whether it aligns with the professional ethics expected of lawyers. The registry is tasked with supplying the necessary documents to facilitate this review.

This case highlights the critical importance of maintaining decorum and professionalism in legal practice, especially concerning the judiciary's integrity. The outcomes of the contempt proceedings and the Bar Council's review could have significant implications for Advocate Shukla's legal career.

The bail application itself remains unresolved, pending further proceedings, as directed by Justice Siddharth, who has ordered the application to be placed before an appropriate court post-nomination from Hon'ble The Chief Justice.

Bottom Line:

Allegations against the court by counsel for informant require referral to Division Bench for criminal contempt proceedings under Section 15 of Contempt of Courts Act - Conduct of counsel also directed to be reviewed by Bar Council of Uttar Pradesh for adherence to professional ethics.

Statutory provision(s): Contempt of Courts Act, 1971 Section 15, Advocates Act, 1961 Code of Conduct for Lawyers, Article 21 of the Constitution of India, Arms Act, 1959 Sections 27, 3, 25, IPC 1860 Sections 506, 147, 149, 148, 323, 302, 504.

Haribhan Alias Monu Alias Ramakant v. State of U.P., (Allahabad) : Law Finder Doc Id # 2737258