Advocate who told Judge He 'Lacked Courage and worked under Government Pressure' has Criminal Contempt dropped after HC finds Him 'Apologizing from his Heart'

In a significant episode highlighting courtroom discipline and the limits of advocacy, the Allahabad High Court was recently called upon to examine whether an advocate’s heated exchange with a judge during bail proceedings crossed the line into criminal contempt. The case placed under scrutiny a serious allegation of interference with judicial proceedings, after remarks made in open court were seen as scandalizing the authority of the judiciary, setting the stage for a decisive judicial response.

The controversy began when Advocate Ashutosh Kumar Mishra, appearing in a bail matter, allegedly lost his temper during proceedings and openly questioned the Court’s authority. Counsel for the contemnor later submitted that the outburst occurred in the heat of the moment, but the remarks, suggesting that the judge lacked courage and was acting under government pressure, prompted the presiding judge to treat the conduct as a prima facie case of criminal contempt. The matter was subsequently referred for appropriate action, drawing attention from the Bar as well, with office bearers appearing alongside the contemnor during the hearing.

Taking a measured yet firm view, the Court acknowledged the gravity of the conduct but ultimately focused on the contemnor’s remorse. Noting his demeanor and personal statement in Court, the bench recorded that the apology was genuine and heartfelt, observing that “from his demeanor we gather that he is apologetic and that he was apologizing from his heart.” 

Emphasizing the importance of maintaining judicial dignity while also allowing room for genuine contrition, the Court accepted the unconditional apology tendered in open court. Consequently, the criminal contempt proceedings were dropped.

Case Title: In Re Vs. Ashutosh Kumar Mishra

Case No.: Contempt Application (Criminal) No. - 4 of 2026

Coram: Hon'ble Mr. Justice Siddhartha Varma, Hon'ble Mr. Justice Jai Krishna Upadhyay

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