'Members Of Bar Work Like Soldiers': Allahabad HC Imposes ₹25K Cost On Gram Pradhan For 'Threatening' Lawyer
Observing that lawyers are working like soldiers under the very strained judicial system, the Allahabad High Court recently imposed a cost of Rs. 25,000 on the Gram Pradhan who threatened the petitioner lawyer with a case under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act.
While imposing a cost for speaking to the lawyer in a derogatory manner, Justice JJ Munir observed that
“Speaking in derogatory terms, about the legal profession, does not affect the profession alone but the entire Judicature of which the Bar is an integral part. There are not hundreds but thousands of remarks by Courts of Justice reminding Members of the legal profession about their duties towards the litigants, the Court and their adversaries, virtually admonishing them, but very little has been thought about the strains under which the most important part of the judicature, that is to say, the Bar, functions in order to secure justice for the litigants.”
Briefly put, the petitioner (Bano Bibi) had approached the High Court regarding the encroachment of land. The Court had directed the filing of personal affidavits of the Sub Divisional Officer, Phoolpur, District Prayagraj and the Tehsildar, Phoolpur, District Prayagraj.
After the filing of the aforesaid personal affidavits, the Court was informed by the counsel for the petitioner that the son-in-law of the petitioner, who is also a practising advocate, was being given death threats by the Gram Pradhan of Village Bahadurpur Kachhar Hetapatti, Tehsil Phoolpur, District Prayagraj.
It was claimed that the Gram Pradhan was threatening him to withdraw the case, else he would be falsely implicated in a case under the SC/ ST Act.
Subsequently, the Court had made the Gram Pradhan a party to the case and directed that the call recording be submitted to the Registrar General of the Allahabad High Court. The Court had also directed that a transcript of the call recording be made by the Registrar General and placed before the Court along with the mobile phone on which it was recorded.
Thereafter, copies of the transcript were supplied to the parties, and the Gram Pradhan was asked to furnish an explanation before the Court along with his personal appearance. Unsatisfied with his explanation, the Court asked him to submit a better affidavit.
Consequently, on the last date, the Court observed that it was refraining from initiating criminal contempt, but imposed a cost of Rs. 25,000 on him. Rs 10,000 was to be paid to the advocate who was threatened by the Gram Pradhan, while the remaining Rs. 15,000 was to be deposited in the account of the State Legal Services Authority.
Observing that the members of the bar were being criticised from all quarters for even the slightest lapse of error, the Court observed
“In these circumstances, for a member of the public, a litigant on the other side, to abuse a learned Counsel over telephone is a very serious matter which certainly, in our opinion, borders on criminal contempt. We did spare a thought of referring this matter to the criminal contempt Bench, forwarding the sixth respondent to that Bench, to be dealt with in accordance with law. But, given his unconditional remorse, we eschew that course and, instead, think that ends of justice would be met by administering him a severe warning to be careful in future and imposing upon him costs of Rs. 25,000/-, out of which Rs. 10,000/- will be paid to Mr. Waseem Akhtar, learned Counsel representing the petitioner before the Tehsil and Rs. 15,000/- deposited in account of the State Legal Services Authority.”
Case title - Bano Bibi vs. State Of U.P. And 4 Others 2025 LiveLaw (AB) 243
Case citation : 2025 LiveLaw (AB) 243