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“Judges Behaving Like Goondas”: Lawyer’s Diatribe Lands Him In Jail

A Lucknow based lawyer Ashok Pandey is to undergo a sentence of six months simple imprisonment in jail for intemperate and offensive language against judges including calling them ‘goondas’ in an open courtroom back in 2021. Additionally, Pandey is also barred from practicing in the High Court of Allahabad and its Lucknow bench for three years.

The Allahabad High Court bench of Justice Vivek Chaudhary and Justice Brij Raj Singh found Pandey guilty of criminal contempt of court, noting that his behaviour of consistently undermining the dignity and integrity of the institution and treating the judicial system with “utter disdain’’ shows a pattern.

He has also been issued a notice under Chapter XXIV Rule 11(3) of the Allahabad High Court Rules, requiring him to explain why he should not be formally debarred from appearing before the High Court for the stated period.

The contempt proceedings stemmed from an incident on August 18, 2021, when Pandey entered the courtroom inappropriately dressed—in civil clothes with his shirt unbuttoned. Upon being advised by the Court to dress properly, he defied the instruction, refused to wear the advocate’s uniform, and questioned the Court’s definition of “decent dress.”

He then stirred up trouble, hurled abusive language, and claimed the judges were “behaving like goondas,” which the Court viewed as highly inappropriate and an attempt to scandalize the judiciary and erode its authority in front of those present in court.

Furthermore, on August 16, 2021, during a separate hearing, Pandey had forcefully entered the courtroom, again without proper attire, shouted loudly, and interrupted proceedings, claiming his right to speak out of turn. The Court had to summon the Court Officer and security to remove him and ordered that he be kept in custody till 3:00 PM, to reflect and offer an apology.

However, after his release, Pandey reverted to his disruptive conduct without showing any regret. In view of his repeated actions, the division bench decided that no leniency could be granted, especially since he had ample opportunity to apologize but chose not to. This mayhem caused initiation of suo motu contempt proceedings.

In the course of handling the matter, the Court observed that his conduct reflected a deliberate pattern aimed at weakening the Court’s authority. Despite repeated directions, Pandey continued to disobey Court orders, refused to accept any wrongdoing, and showed no inclination to reform. His recurrent and undesirable pattern of behaviour was said to be dating back to 2003.

The bench emphasized that, being a senior member of the Awadh Bar Association Pandey was fully aware of courtroom expectations, including being dressed as per protocol. But his refusal to follow these norms and his persistent abusive outburst were considered a "deliberate breach" and a direct insult to the Court's decorum and dignity.

His unauthorized entry, loud behavior, and reaching the podium without permission or uniform, compelled the bench to remark:

“This unprofessionalism and forceful intrusion into judicial proceedings, especially by a practicing Advocate, is an egregious violation of courtroom protocol and discipline. It demonstrates not only disrespect towards the Bench but also an intention to disrupt and derail the course of justice... The Court cannot be expected to function under such disruptive circumstances. Such conduct, especially from an Advocate, not only violates Court discipline but also affects public perception of judicial functioning.”

Given all this , the Court concluded that his actions fell under Section 2(c)(i) (for scandalizing the Court) and Section 2(c)(ii) (for interfering with proceedings) of the Contempt of Courts Act, 1971, and imposed a six-month simple imprisonment sentence.

After the judgment, Pandey made an oral request seeking leave to appeal under Article 134(A) of the Constitution, but the Court rejected it.

 

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Shalini Chavan

Advocate, Bombay High Court

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