Allahabad HC Initiates Suo Moto Contempt Proceedings Against Lawyer For Misleading Court To Obtain Favourable Orders
The Allahabad High Court initiated suo moto criminal contempt proceedings against a lawyer for having concealed a material fact regarding the first bail plea getting rejected, while arguing in the second bail application.
The Bench of Justice Dinesh Kumar Singh observed that “Sri Parmanand Gupta, Advocate, has, prima facie, conducted himself against the Bar Council Rules, professional ethics, contemptuous manner and he has played fraud with the Court and also interfered with the course of justice by misleading the Court as he concealed the material fact regarding rejection of the first bail application by this Bench.”
AGA Ashwani Kumar Singh appeared for the applicant and Advocate Parmanand Gupta appeared for the opposite party.
In this case, bail cancellation application was moved by the State Government wherein cancellation of the bail, granted to an accused in a case registered under sections 379, 411, 412, 413, 414, 419, 420, 467, 468, 471, 484 and 120-B of IPC was sought.
The counsel for the State apprised the Court of the fact that the accused had secured the bail by fraud as his counsel had presented the second bail application as the first bail application. The first bail application was rejected by the High Court in February, 2021.
The Court noted that this was not the solitary case where Sri Parmanand Gupta, Advocate, had adopted the said course of action of concealing and misleading the Court.
Further, the Court also noted that the Advocate had deliberately concealed the fact and that if correct and true facts were mentioned that it was the second bail application, then it would have been listed before this same Bench, which had earlier rejected the first bail application and therefore, this second bail would have also been rejected by this Bench.
Consequently, the Court cancelled the bail granted to the accused and ordered that the accused be taken into custody,
Accordingly, the bail cancellation application was allowed.
Cause Title- State Of U.P. Thru. Addl. Chief Secy. Deptt. Home, Civil Sectt. Lko. V. Mohd. Rizwan @ Raziwan