SC recalls order banning Allahabad judge from hearing criminal cases
What's the story
The Supreme Court has recalled its order from August 4, which directed Allahabad High Court judge Justice Prashant Kumar to be removed from the criminal roster till retirement. The apex court bench, comprising Justice JB Pardiwala and Justice R Mahadevan, had also directed that Justice Kumar be made to sit in a division bench with a senior high court judge over his ruling in a business transaction case.
Judges
13 judges wrote to chief justice
However, following intense criticism, the Chief Justice of India, BR Gavai, wrote to Justice Pardiwala's bench requesting that the strictures imposed on Justice Kumar be reconsidered. Following that, the case was relisted for new directions. Earlier, a group of 13 judges from the Allahabad High Court had written to Chief Justice Arun Bhansali, asking him to call a full court meeting over Justice Kumar's removal.
Letter details
Full court should resolve not to comply with the order
Justice Arindam Sinha, who spearheaded the letter to Allahabad High Court Chief Justice Bhansali, expressed shock and pain over the Supreme Court's order. He argued that the full court should resolve not to comply with the order, as the top court lacks administrative superintendence over High Courts. The letter was signed by 12 other judges and suggested recording their anguish regarding "the tone and tenor of said order."
Order backlash
Supreme Court's order based on Justice Kumar's understanding of law
In its previous ruling, the SC bench had made strong observations against Justice Kumar's understanding of criminal law over his ruling in a case filed by one M/S Shikhar Chemicals (petitioner), seeking to quash criminal proceedings against it. In this case, the complainant (Lalita Textiles) delivered thread to Shikhar Chemicals worth ₹52.34 lakh, of which ₹47.75 lakh was paid, but the remainder has not been paid to date.
Case
What the case is about
Lalita Textiles then filed a criminal complaint to retrieve the remainder sum. Later, M/S Shikhar Chemicals challenged the ruling in the high court, claiming that the issue was merely civil in character. However, the high court dismissed the plea. In his ruling dated May 5, Justice Kumar remarked that compelling the complainant to file a civil suit would be "very unreasonable" because such suits take years to conclude, and hence criminal prosecution was justified.
Reasoning reversal
SC found Justice Kumar's reasoning 'untenable'
The Supreme Court found this reasoning "untenable," set aside the high court's order, and ordered fresh consideration by another judge. The SC bench said Justice Kumar had "not only cut a sorry figure for himself but has made a mockery of justice." It also wondered if such orders were passed due to "extraneous considerations" or "sheer ignorance of law," calling it unpardonable.