BAL KISHAN GIRI versus STATE OF U.P.

BAL KISHAN GIRI versus STATE OF U.P.

Allegations made by the appellant against High Court judges were serious, scandalous, and without any basis, sufficient to undermine the majesty of law and dignity of the court. The apology was not bona fide, merely a device to escape punishment and not based on genuine remorse. Conviction and punishment for criminal contempt were justified. Fine imposed was reduced in accordance with statutory limitations under Section 12 of the Contempt of Courts Act, 1971.

Parties
Appellant: Bal Kishan Giri; Respondent: State of U.P.
Jurisdiction
India
Judgment Date
28 May 2014
Procedural Posture
Criminal Appeal / Post Conviction Appellate Review
Outcome
Appeal dismissed
Legal Topics
Criminal Contempt, Apology in Contempt Proceedings, Judicial Independence, Punishment for Contempt
Contempt of Court Criminal Law Criminal Contempt Apology in Contempt Proceedings Judicial Independence Punishment for Contempt

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 23 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Bal Kishan Giri

Appellant

State of U.P.

Respondent

Procedural Posture

Criminal Appeal / Post Conviction Appellate Review

Legal Issues

  1. 1 Whether the appellant's apology for criminal contempt was bona fide and acceptable to purge contempt
  2. 2 Whether conviction for criminal contempt was justified based on allegations against High Court judges
  3. 3 Appropriate quantum of punishment under Section 12 of Contempt of Courts Act, 1971

Ratio Decidendi

Allegations made by the appellant against High Court judges were serious, scandalous, and without any basis, sufficient to undermine the majesty of law and dignity of the court. The apology was not bona fide, merely a device to escape punishment and not based on genuine remorse. Conviction and punishment for criminal contempt were justified. Fine imposed was reduced in accordance with statutory limitations under Section 12 of the Contempt of Courts Act, 1971.

Court Disposition

Appeal dismissed

Orders

  • Fine of Rs. 20,000 reduced to Rs. 2,000; appellant to deposit fine forthwith.
  • Appellant must surrender to serve sentence; Chief Judicial Magistrate, Meerut, to secure custody in default.