In a significant development, the Allahabad High Court has closed criminal contempt proceedings against an advocate after accepting his unconditional apology. The case stemmed from remarks made during a bail hearing that the court found inappropriate and potentially interfering with judicial proceedings.
Background of the Case
The matter arose from an incident on February 12, 2026, when Advocate Ashutosh Kumar Mishra appeared in a criminal bail application. During the hearing, the court had directed the Additional Government Advocate (AGA) to file a counter affidavit along with supporting documents, including injury reports and statements.
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At that point, the advocate allegedly raised his voice in court and questioned the judge’s authority and conduct. According to the record, he made remarks suggesting that the court was hesitant to question the investigating officer and implied external pressure on judicial functioning.
These statements were viewed seriously by the court, which felt that such conduct could undermine the dignity of judicial proceedings.
The bench noted that the remarks made in open court were offensive and appeared intended to interfere with the administration of justice. The earlier court had formed a prima facie opinion that the advocate’s conduct fell within the scope of criminal contempt.
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“The behaviour… fell within the ambit of criminal contempt,” the record reflects, adding that the court felt “scandalized” by the manner in which the advocate conducted himself.
The matter was subsequently referred to the Chief Justice and placed before a division bench for further consideration.
When the case was taken up, the advocate appeared through counsel and also remained present in court. Along with members of the Bar Association, his counsel submitted that he was deeply apologetic and had tendered an unconditional and unqualified apology.
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The advocate personally addressed the court and assured that such an incident would not be repeated in the future. The bench observed his demeanor and noted that the apology appeared genuine and heartfelt.
After considering the apology, the bench held that it was appropriate to accept the same. The court concluded that continuing the contempt proceedings was not necessary in light of the unconditional apology tendered.
Accordingly, the High Court ordered that the criminal contempt proceedings be dropped and directed that the case be consigned to the record.
Case Details
Case Title: In Re vs Ashutosh Kumar Mishra
Case Number: Contempt Application (Criminal) No. 4 of 2026
Judge: Justice Siddhartha Varma & Justice Jai Krishna Upadhyay
Decision Date: March 25, 2026
