The Allahabad High Court has directed initiation of criminal contempt proceedings against an advocate who allegedly made scandalous and derogatory remarks against the presiding judge during the hearing of a bail application.
The bench of Justice Santosh Rai has observed that by using intemperate language and shouting in an aggressive manner in open court, the advocate had committed acts that tended to lower the dignity of the Court and obstruct the due course of judicial proceedings.
The bail application was filed by Kunal, who was represented by Advocate Ashutosh Kumar Mishra. During the hearing, counsel for the applicant argued that his client had been falsely implicated and pointed out that the Investigating Officer had not recorded the statement of the injured person.
The State, represented by the learned AGA, admitted that although the FIR had been registered on January 19, 2026, the statement of the injured, Yash Jain, had not yet been recorded during the investigation. As per the allegations in the FIR, the injured had sustained a firearm injury to his chest.
Considering the seriousness of the allegations and the lacuna in investigation, the Court directed the State to file a counter affidavit along with complete medical evidence, the injury report, and the statement of the injured as well as the doctor within three weeks. The matter was directed to be listed afresh on March 10, 2026.
Alleged Scandalous Remarks in Open Court
However, immediately after the dictation of the order, the proceedings took a dramatic turn. According to the Court’s order, Advocate Ashutosh Kumar Mishra began raising his voice in open court and questioned the Court’s decision to call for a counter affidavit.
The advocate allegedly stated that the Court did not have the courage to seek an explanation from the Investigating Officer and accused the judge of working under government pressure. The Court recorded that the tone, body language, and manner in which the statements were made were highly objectionable, scandalous, and derogatory, tending to lower the authority and dignity of the Court.
The order further notes that the proceedings were stalled for approximately ten minutes due to the advocate’s conduct.
The Court observed that the conduct of the advocate prima facie fell within the ambit of “criminal contempt” under Section 2(c) of the Contempt of Courts Act, 1971. It held that the remarks amounted to scandalising the Court and interfering with the administration of justice.
Case Details
Case Title: Kunal Versus State of UP
Case No.: CRIMINAL MISC. BAIL APPLICATION No. – 5069 of 2026
Date: 12/02/2026
Counsel For Petitioner: Ashutosh Kumar Mishra, Shireesh Kumar Mishra
Counsel For Respondent: GA
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