The Allahabad High Court has initiated contempt proceedings against an advocate after he submitted written arguments accusing the bench of being “biased and dishonest.” The Court treated the allegations as a serious breach of professional conduct and directed the Advocate-on-Record to present the matter before a Division Bench that handles criminal contempt cases. The Registry was also directed to forward the record to the Bar Council of Uttar Pradesh to consider disciplinary action under the advocates’ code of conduct.
In the relevant bail application, the counsel representing the informant accused a bench of the High Court of lacking honesty and fairness. His written submissions did not engage with the legal arguments on the merits of the bail request, but rather levelled sweeping allegations of bias and partiality against the court. The High Court noted that such submissions were not proper legal arguments, but amounted to scandalising the judiciary and undermining public confidence in the administration of justice.
The Court observed that while legitimate criticism of judicial decisions is permissible through proper channels (such as appeal or review), making unsupported allegations of dishonesty or bias against a judge in pleadings without factual foundations is impermissible. It emphasized that advocates, as officers of the court, must refrain from attacking the integrity of the bench in their submissions. The Court held that the allegations in this instance warranted further inquiry under the Contempt of Courts Act and professional disciplinary mechanisms.
The Court’s order provides that the bail application shall be placed before another bench nominated by the Chief Justice, recognizing the need for impartial adjudication given the serious allegations made. The advocate whose submissions triggered the reference will have an opportunity to respond to show-cause notice under the contempt jurisdiction, and the Bar Council will evaluate whether disciplinary action (including suspension) should follow for the conduct in question.
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