Apex court stays proceeding against Uttar Pradesh judgeMay 28th, 2008 - 11:59 pm ICT by admin
New Delhi, May 28 (IANS) The Supreme Court Wednesday halted a contempt of court proceeding against a judge of Uttar Pradesh lower judiciary at the Lucknow bench of the Allahabad High Court. While halting the contempt proceedings against Senior Civil Judge Amarjit Varma, a vacation bench comprising Justices C.K. Thakkar and L.S. Panta also issued notice to the registrar general of the high court, asking him to explain why the proceedings against the judge should not be quashed.
A Lucknow-based senior advocate, Prashant Chandra had allegedly managed to have initiated the contempt of court proceedings at the high court on the grounds that the civil judge had not disposed of a lawsuit he had filed within three months as per a high court direction.
Appearing for Varma, advocate Anoop George Chaudhary pointed out to the apex court that Chandra had managed initiation of contempt proceedings of criminal nature against the judge without mandatory permission from the state’s advocate general.
The apex court stayed the contempt proceedings after Chaudhary pointed out to it the lack of this important procedural step for initiating criminal contempt of court proceedings against a judge.
Chaudhary told the apex court that Chandra earlier had moved the court of Civil Judge Varma challenging the suspension of his membership from the city’s prestigious Golf Club.
Varma, however, dismissed his civil suit, finding it devoid of merit.
At this, Chandra moved the Lucknow bench of the Allahabad High Court, challenging Varma’s order. The high court, in turn, remitted the matter back to the civil judge, directing him to possibly dispose the matter within three months.
But Judge Varma could not dispose it within the stipulated period.
At this, Chandra again moved the high court, seeking initiation of a civil contempt proceeding against the judge. But the high court dismissed the plea.
At this Chandra moved the high court yet again, this time for initiation of criminal contempt of court proceedings against the judge.
This time around he allegedly also concealed the fact that he had already earlier moved the high court against the civil judge for civil contempt proceedings.
A person is liable to face civil contempt of court proceeding for his inadvertent lapse in obeying the court order, while a person deliberately disobeying a court order is liable to face criminal contempt to court charges.