Allahabad High Court
IN REversusKRISHNA PAL SINGH ADVOCATE KP SINGH
- Decided
Holding
The Court accepted the unconditional apology and discharged the contempt proceedings, finding no further punishment necessary.
Summary
The High Court considered a criminal contempt application filed against a senior advocate who had previously been held in contempt. The contemnor, aged about 72, filed an unconditional written apology after being granted time to submit an affidavit. The Special Counsel argued that, being a repeat offender, the apology should not be accepted and suggested a one‑year surveillance. The Court, noting the contemnor's age, contributions to the legal profession, and the unconditional nature of the apology, held that punishment would be of no avail. Consequently, the Court accepted the apology, discharged the contempt notice, and ordered the case closed.
Issues considered
- Whether an unconditional written apology can be accepted to extinguish contempt proceedings, especially for a repeat offender
- Whether the contemnor should be subjected to further sanction such as surveillance despite the apology
Subjects
- contempt of court
- unconditional apology
- repeat contempt
- senior advocate
- judicial conduct
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CRIMINAL) No. - 3 of 2026
In Re
.....Applicant(s)
Versus
Krishna Pal Singh Advocate Kp Singh
.....Opposite
Party(s)
Counsel for Applicant(s) : , Sudhir Mehrotra
Counsel for Opposite Party(s) : Ajay Kumar Srivastava
Court No. - 42
HON'BLE SIDDHARTHA VARMA, J.
HON'BLE JAI KRISHNA UPADHYAY, J.
1. Affidavit of compliance filed on behalf of opposite party/contemnor, is
taken on record.
2. When a contempt notice was issued on 27.02.2026, the contemnor had
appeared and prayed for time to file an affidavit within a period of two
weeks. The time was granted on 09.04.2026.
3. Today, an affidavit has been filed tendering unconditional apology. Sri
Anil Kumar Srivastava, learned Senior counsel appearing for the
contemnor states that not only unconditional apology been filed but also
the contemnor was counseled in a proper manner so much so that he was
told that not only has he to watch his conduct but he has to watch the
conduct of the junior counsel of the Bar in his district also. Learned
Senior counsel appearing for the contemnor has also stated before the
Court that all possible efforts shall be made to see that no incident of this
kind may happen in future.
4. Learned Special Counsel appearing for the High Court, however, has
stated that this contempt has been committed by the contemnor, the
second time. He states that from a person of this nature, apology be not
accepted outrightly and that he be first directed to place the apology
before the judicial officer before whom the contempt was committed. He
has also suggested that since this is the second instance when the
contempt has been committed, as the matter has been reported to the High
CRCL No. 3 of 2026
2
Court, surveillance of one year be kept on the contemnor.
5. Having heard Sri Anil Kumar Srivastava, learned Senior counsel
assisted by Sri Ajay Kumar Srivastava, learned counsel for the contemnor
and Sri Sudhir Mehrotra, learned Special Counsel appearing for the High
Court, we find that contemnor is as of today aged around 72 years. He
was present before the Court on the last occasion and with folded hands,
he had prayed for apology. Today, he has filed unconditional apology in
writing. We find that at the age of 72 in most of the professions people
retire. It is only in this profession, people continue to work and they not
only work but also contribute the society inasmuch as by their conduct
and by their work, they also teach the younger generation as to how they
have to carry themselves in the Court rooms and how they have to present
their cases.
6. Under such circumstances, we are of the view that punishing the
contemnor would be of no avail. We, therefore, consider it appropriate to
accept his unconditional apology, but we do definitely expect that in
future, this kind of conduct would not be in any manner reported with
regard to him. We are also sincerely expecting that he would from now
onwards try to counsel all younger lawyers as to in what manner they
have to behave in the Court rooms and they have to argue their cases.
7. Since, we have accepted the unconditional apology, we put an end to
this case. Notices are discharged.
8. Consigned to record.
(Jai Krishna Upadhyay,J.) (Siddhartha Varma,J.)
May 7, 2026
AKT
Digitally signed by :-
ASHOK KUMAR TRIPATHI
High Court of Judicature at Allahabad
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