The Allahabad High Court has expressed strong disapproval of protesting advocates allegedly obstructing access to a courtroom and preventing court staff from entering through its main entrance, observing that judicial functioning cannot be brought to a standstill because lawyers choose to abstain from their professional duties.
A Division Bench comprising Justice Ajay Bhanot and Justice Divesh Chandra Samant recorded that a large gathering of lawyers had assembled outside the courtroom, raising slogans and creating a commotion that interfered with the conduct of judicial proceedings.
The Bench noted that the protesting lawyers had blocked the courtroom’s entrance, forcing court staff to use the door ordinarily reserved for judges to gain access to the courtroom.
The observations were made on November 4 amid continuing tensions between members of the Bar and Justice Bhanot, following allegations of inappropriate conduct by the judge during proceedings in his courtroom.
The Bench made these observations while hearing a criminal writ petition challenging an FIR alleging sexual relations on a false promise of marriage, criminal intimidation and rioting, among other offences.
When the matter was called during the revised proceedings, neither the petitioners’ counsel, whose names appeared in the cause list, nor the Assistant Government Advocates were present.
Taking note of the absence of the State’s counsel, the Bench directed the Government Advocate to furnish a report explaining why the Assistant Government Advocates had failed to appear.
On the merits of the case, the Court took note of the FIR’s reference to a consensual relationship between petitioner no. 1 and the complainant, as well as the existence of a property dispute between them.
The Bench consequently directed that the petitioners would not be arrested until the next date of hearing or the filing of the police report under Section 173 of the Code of Criminal Procedure/Section 193 of the Bharatiya Nagarik Suraksha Sanhita, whichever occurs earlier.
The latest observations come against the backdrop of protests by advocates following an incident in Court No. 49 on October 27, when Justice Ajay Bhanot was presiding.
The Allahabad High Court Bar Association subsequently approached Chief Justice Arun Bhansali on October 28, alleging that Justice Bhanot had humiliated an advocate during court proceedings and made disparaging remarks against senior advocate V.P. Srivastava.
According to the Bar Association’s representation, the controversy arose after an advocate objected to a police officer occupying a seat in the courtroom that was ordinarily meant for lawyers.
The Association alleged that Justice Bhanot threatened to send the advocate to jail and insisted that he apologise to the police officer. It also accused the judge of making remarks against senior advocate Srivastava.
The Bar Association warned that its members would boycott Justice Bhanot’s court if appropriate action was not taken.
The protests subsequently escalated, with reports of lawyers throwing furniture and damaging property inside Court No. 49, where Justice Bhanot was holding proceedings.
The protests also affected proceedings before the adjoining courtroom of Justice Arun Kumar Singh Deshwal.
Taking serious objection to the disruption, Justice Deshwal had observed that litigants approach the High Court in the hope of securing judicial redress and cannot be made to suffer because certain advocates have grievances against a particular judge.
The Court had emphasised that disagreements with a judicial officer cannot justify sloganeering, shouting or conduct that obstructs proceedings in other courtrooms or intimidates the judiciary.
Describing the conduct as “absolutely contemptuous”, Justice Deshwal directed the Registrar (Protocol) to secure CCTV footage from outside Court No. 66, identify the advocates involved and submit a report.
Subsequently, the Division Bench of Justice Bhanot and Justice Samant also observed that the alleged assault on State law officers, court employees and security personnel, along with vandalism inside the courtroom on October 28, prima facie constituted criminal contempt.
The Bench requested the Chief Justice to consider appropriate directions for registration of FIRs against those allegedly involved in the violence, as well as individuals who had circulated purportedly false social media posts concerning the incidents.
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