HC sets aside single judge order against retired HC judge

Allahabad, Jan 24 (UNI) Allahabad High Court has set aside an order passed by a single judge of the HC, whereby charge under contempt of court act was framed against a retired HC judge, Justice Palok Basu.

A single judge bench on December 8, 2005 had passed an order against Justice Basu to showcause why he not be tried and punished under section 12 of contempt of court act, 1971 for deliberate defiance and wilful disobediance of the interim HC order passed on November 1, 2003.

Justice Basu, who is presently working as president of Uttar Pradesh Consumer Redressal Commission, had challenged the single judge order.

A division bench comprising Justices S R Alam and Sudhir Agrawal, allowed the contempt appeal of the retired HC judge and set aside the single judge order.

The HC remarked ''we are of the view that the entire contempt proceedings have been initiated at the instance of the respondent as a gross misuse of the process of law.

''From the perusal of impugned orders of November 7, 2005 and December 8, 2005, there appears to be total variation and it was not clear therefrom as to how and when any non-compliance has been shown by the appellant.'' UNI XC VS RP ND2018