In a significant development, the Allahabad High Court has temporarily barred Advocate Santram Rathore from entering the premises of the Pilibhit district courts pending the outcome of a contempt of court case initiated against him. The ruling was issued by a Bench comprising Justices Ashwani Kumar Mishra and Syed Aftab Husain Rizvi.
The High Court found that a prima facie case existed against Rathore, necessitating the initiation of criminal proceedings under Section 2(c) of the Contempt of Courts Act, 1971. The decision to restrict Rathore's access to the court premises was made "considering the persistent act of alleged contempt" and until the next date of the hearing.
The case arose from a reference sent by the Additional Chief Judicial Magistrate (ACJM)-II of Pilibhit to the High Court on July 12, 2023. In the reference, the ACJM-II reported that during a hearing in a dowry case, Rathore had made derogatory comments against the presiding judge. Rathore, representing the complainant in the case, had inquired about the heavy police presence in the courtroom. In response, the judge explained that the accused had expressed concerns for his safety following a previous altercation in court.
Allegedly incensed by the explanation, Rathore made "highly derogatory comments against the court" and accused the presiding judge of colluding with the accused "by availing gratification."
While this reference was pending, another incident unfolded on July 26 in the same court. Women advocates and law students organized a protest outside the court premises and reportedly made derogatory remarks against the presiding officer. Rathore was alleged to have incited the protest and attempted to pressure the judicial officer into withdrawing the earlier contempt reference.
The High Court also took note of Rathore's statement in court, where he reportedly mentioned having faced contempt proceedings in the past and expressed indifference towards the current proceedings against him.
Consequently, the Allahabad High Court issued a notice to Advocate Santram Rathore, calling upon him to explain why contempt proceedings should not be initiated against him for "creating obstruction in the proceedings of the court, misbehaving with the court, using abusive and derogatory language, and scandalizing the court."
The Court directed Rathore to personally appear before it on the next scheduled date of the hearing.
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