Allahabad High Court frames contempt of court charge against man over WhatsApp message against judge

The Allahabad High Court recently framed charges under Contempt of Courts Act against a man for a WhatsApp message accusing a judicial officer of taking bribe and fabricating order sheets in certain cases..A Division Bench of Justice JJ Munir and Justice Pramod Kumar Srivastava said a prima facie case for proceeding in criminal contempt was made out against Krishna Kumar Pandey, who had posted the message in a WhatsApp group of advocates of District Basti.“A copy of this charge shall be served upon the contemnor along with copies of papers and a notice, indicating that this matter will be heard and determined on 09.10.2025 at 02:00 p.m. and that the contemnor shall remain present in person on the said date and time,” the Court ordered on September 18..Pandey had challenged the suo motu proceedings against him, arguing that Advocate General’s prior permission was required to initiate a contempt of court case. The Court said it is always free to take cognizance of a criminal contempt.Further, the Court refused to accept the argument that the matter has to be sent to the Chief Justice for inquiry into the allegations against the trial court judge. Pandey had stated that there exists an in-house procedure for probing complaints recorded in WhatsApp messages against judges of district courts.“There is absolutely no mechanism of an in-house procedure for inquiring complaints against Judges of the Subordinate Courts. Rather, Judges of the District Courts are subject to the disciplinary control of this Court. In case a complaint is laid against them, it is inquired into in the first instance administratively, and then, in a vigilance inquiry. Thereafter, if material is found, formal disciplinary proceedings are drawn against the learned Judge,” the Court explained. The allegation that there is an in-house procedure for taking proceedings on allegations carried in the WhatsApp messages subject matter of the contempt proceedings by an in-house procedure is absolutely one that is based on no existing law, the Court made it clear."No law has been shown to us for the existence of such an in-house procedure,” it added..The contempt case against Pandey was initiated on a reference made by the judicial officer who said the WhatsApp message had gone viral among the lawyers and was a calculated attempt to deliberately scandalise and lower the authority of the court. The 2023 reference led to registration of a contempt of court case in 2024.The Court had earlier issued notices to various bar associations in Bhasti district to determine how Pandey had joined the WhatsApp groups of lawyers. In response, the bar bodies denied any involvement.Pandey himself accepted before the Court that he was not a lawyer. He also declined to accept the services of a senior lawyer offered to him by the High Court Legal Services Committee. He said he was competent to defend himself.The Court then considered the matter and found the material sufficient to charge him with contempt of court. "That you, Krishna Kumar Pandey son of late Om Prakash Pandey, .... by your act in publishing the following post on the WhatsApp Group on 14.07.2023 from your Mobile No. xxx, committed an act which scandalises and lowers the authority of the Court of the Additional District Judge/Fast Track Court-I, Basti by bringing the Court to disrepute on account of the insinuations made (WhatsApp message ...), and thereby committed criminal contempt of Court punishable under Section 12 read with Section 2(c) of the Contempt of Courts Act, 1971," it said.Pandey pleaded not guilty and claimed trial..[Read Order]