Contempt of Court for non-working of AC in Court room

High Court Contempt Order—

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

CONTEMPT No. – 1788 of 2014 at Lucknow :

State Of U.P.

Vs.

Mr. A.K. Mukherjee, H.J.S., Senior Registrar, High Court, Lucknow

O R D E R

Yesterday i.e. on 25.8.2014, due to non-functioning of the ACs installed in Court No.24, atmosphere of the Court was so humid and warm that learned Advocates including Senior Advocates, namely, Mr. Anil Kumar Tiwari, Mohd. Arif Khan, Dr. L.P.Mishra, made complain in this context to the Court. It may be noted that Members of the Bar have regularly been making complaint about non-functioning of ACs of the Court, for which Bench Secretary was directed to inform the concerned official(s). It was brought to our notice that seven ACs (Five Split AC and Two Window ACs) are installed in Court but due to non-functioning of 5 (five) ACs, the atmosphere of the Court is very harm and humid.

Keeping in view the anxiety of the learned Members of the Bar, we summoned the Senior Registrar of this Court on 25.8.2014 and asked him to look into the matter and to get all ACs repaired so as to ensure that judicial functioning of the Court shall not be hampered due to non-functioning of the ACs installed in the Court, otherwise, stern action be taken against him.

Today i.e. 26.8.2014, when the Court is in session, panel of one of the ACs installed above the litigants’ row in the Court fell down on the head of one of the litigant/pairokar, but fortunately, he sustained minor injuries. To our dismay, it is found that despite the oral warning given to the Senior Registrar of this Court yesterday i.e. 25.8.2014, the Senior Registrar failed to make sincere efforts to ensure proper functioning of the ACs.

Taking serious note of the facts, we summoned the Senior Registrar again today and asked him as to why ACs are not properly repaired, despite oral direction given by this Court yesterday. The answer of the Senior Registrar is not as such which may impress us.

It would be apt to mention here that functioning of the constitutional body should not be adversely affected on account of certain lacuna of the administrative side in our judicial system. Tradition or practice which affects the administration of justice without any reasonable cause should be removed. The highest constitutional body on judicial side of the State should be made functional to its optimum level. In other words, Courts should function at all costs but on account of non-functioning of ACs and humidity and warmness in the Court, it becomes very difficult to discharge the judicial functions. It may be added that Sri A. K. Mukherjee, when appeared before us, instead of giving assurance for speedy repair  ” Thus, the act of Sri A. K. Mukherjee appears to be contumacious in nature.

For the reasons aforesaid, office is directed to register a criminal contempt case against Mr. A.K. Mukherjee, Senior Registrar, High Court, Lucknow Bench, Lucknow, with the following description:

Criminal Misc. Case No. (C) of 2014

In re:

Mr. A.K. Mukherjee, H.J.S., Senior Registrar, High Court, Lucknow Bench, Lucknow.

Let a notice be issued to Mr. A.K. Mukherjee, H.J.S., Senior Registrar, High Court, Lucknow Bench, Lucknow, as to why a proceeding under the Contempt of Courts Act should not be initiated against him, fixing the case on 01.09.2014. Mr. A.K. Mukherjee will submit his reply on or before 01.09.2014.

List the matter on 01.09.2014.

[Mahendra Dayal,J.] [Rajiv Sharma, J.]
Order : 26.8.2014

NF