SC pulls up lawyer seeking contempt action against HC judges

The Supreme Court on Monday pulled up an advocate for filing a petition seeking contempt action against two judges of Allahabad High Court in connection with the death of a lawyer who was sent to jail for making insinuations against the judges. The apex court expressed its displeasure over filing of the petition and a subsequent affidavit by suppressing material facts. "You are tarnishing the image of judiciary as a member of the Bar. You have done great injustice," a Bench headed by Chief Justice K G Balakrishnan said. The Bench was hearing a petition filed by advocate Aeltemesh Rein alleging that the victim, serving a month-long imprisonment for committing contempt, had died after he was illegally chained, handcuffed and tortured by the jail authorities. The High Court had held advocate S K Awasthi guilty of contempt of court for attributing motives to judges and accusing them of being biased. The petition was filed in June this year and later the apex court had asked Rein to file an affidavit relating to the averments made by him. When he told the Bench that he has complied with the order of filing the affidavit, the Bench said it was not satisfied with it as it was "sketchy" without stating clearly what was alleged in the petition. "The allegation levelled by you is absolutely false," the Bench, also comprising Justices P Sathasivam and J M Panchal said and referred the matter to the High Court. "We are sending the matter to High Court. You have stated all wrong facts," the Bench said. The Bench said Rein has not even stated that the wife of the deceased advocate was given a compensation of Rs three lakh and a job. An anguished Bench even asked Rein if it was the judges who caused injury to the deceased advocate. Rein said injury were inflicted by the inmates of jail. While sending the matter to High Court, the Bench said "at least a lawyer should not file such a petition". The petition had alleged that two High Court judges, B S Chauhan (now Chief Justice of Orissa High Court) and Arun Tandon, who had punished Awasthi for contempt had themselves committed contempt by violating directions given in 1998 by the apex court that an accused can be handcuffed only in exceptional cases. The petition had alleged that Awasthi was handcuffed and produced before the bench for hearings spanning a period of 9-10 days before being jailed for contempt. Rein has placed a photograph published in a newspaper showing the victim handcuffed and chained to a hospital bed. Senior advocate Parag Tripathy, appearing for the High Court, said the Bench should not go into the petition which was based on media reports and told it about how the High Court arrived at its decision to punish Awasthi. He said when the High Court was already seized of the petition relating to the death of the advocate, the apex court could wait for its outcome. Awasthi was sentenced to one-month imprisonment by the High Court on 22nd April for scandalising the court. However, his sentence was kept in suspension on the plea of a lawyers' body that the advocate will apologise for his conduct. Later, on 1st April, the advocate appeared in the court and repeated his misconduct following which the suspension of sentence was lifted. Rein, in his petition before the apex court, alleged bthat during the hearing of the contempt case the two judges allowed the police to produce Awasthi in handcuffs. At the time of hearings in High court, Awasthi was kept in judicial custody and during this period be refused to eat the jail food on the ground that it was of poor quality. As a result, he became feeble, the petition had alleged. In the jail, the petition had alleged, Awasthi developed medical complications and was shifted to the Government S R N Hospital, Allahabad, with his limbs chained. He died in hospital on14th May. Following Awasthi's death, lawyers struck work in the state seeking action against jail officials for allegedly torturing him to death.

"Loved reading this piece by Prakash Yedhula?
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"

Join our Telegram group

Join our Whatsapp group