HC summons advocate general for contempt plea against 2 ministers

Written By Unknown on Sabtu, 16 Maret 2013 | 11.06

LUCKNOW: The Lucknow bench of the Allahabad high court has sought response of the UP advocate general SP Gupta on a criminal contempt petition filed against two ministers—the leader of Opposition as well as a newspaper editor. The petition has accused them of scandalizing the state's higher judiciary during the proceedings of the assembly. The high court posted the matter on March 20 asking the advocate general to address it on the issue.

A division bench of Justice Abdul Mateen and D K Upadhyay passed the above order on the petition which is filed by a lawyer Mohammed Arif. The petition was filed in the court on March 14 and was scheduled to come up for hearing on March 18 as per rules but after petitioner cited the urgency of the matter, the court granted permission to take it up on Friday itself.

On behalf of the petitioner, advocate CB Pandey urged that he brought the issue before the court and now it was upon it to deal with it on its discretion. Pandey pleaded that two ministers Mohammed Azam Khan, Ram Govind Chaudhary and leader of Opposition Swami Prasad Maurya lowered the dignity of judges in the assembly on a petty transfer issue and spoke unsolicited language against them. "The conduct of these public representatives amounted to be contemptuous and punishable under Section 15 and 17 of the Contempt of Courts Act and article 215 of the Constitution of India," the petition said.

The tussle between legislature and judiciary came to the fore on March 12 when members at UP Vidhan Sabha condemned a stay by Allahabad high court on the transfer of a sub-inspector of Jaunpur despite Speaker Mata Prasad Pandey's order for his shifting from the police station concerned. What irked the members of assembly cutting across the party line was the observation made by the High Court judge Justice Tarun Agrawala who had stated: "Prima facie it appears the transfer order is not in public interest but in political interest, in order to please the local MLA."

After the issue was raised by MLA Seema Dwivedi, BJP leader Hukkum Singh had expressed anguish over the court observation saying that MLAs worked in public interest. He was supported by parliamentary affairs minister Azam Khan who had then also assured the house that the government if need would go to Supreme Court against the order and urged the Speaker to take strict measures so that such observations by courts could be stopped.

After all, it was the decision of the Speaker to transfer the sub-inspector, he had said.

On February 19, BJP MLA from Jaunpur Seema Dwivedi had complained against station officer of Mungra Badshahpur in Jaunpur district in the House raising the issue during the zero hour. After listening to her complaints, the Speaker had directed the government to transfer the station officer Raghvendra Singh from the said police station. Singh moved high court against the order. It was after this that the court stayed his transfer till the next hearing and made the observation which irked the legislators.


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