'Worst orders': SC takes Allahabad HC judge off criminal cases
What's the story
The Supreme Court has barred an Allahabad High Court judge from hearing criminal cases till his retirement. This comes after the top court found fault with the judge's decision to uphold criminal summons in a civil dispute, calling it one of the "worst and most erroneous" orders. The bench was hearing a plea challenging the high court's ruling that dismissed an application filed by one M/S Shikhar Chemicals (petitioner), seeking to quash criminal proceedings stemming from a business transaction.
Judicial reprimand
'Extraneous considerations or sheer ignorance of law'
The Supreme Court bench, comprising Justices JB Pardiwala and R Mahadevan, said Justice Prashant Kumar had "not only cut a sorry figure for himself but has made a mockery of justice." The bench wondered if such orders were passed due to "extraneous considerations" or "sheer ignorance of law," calling it unpardonable. The high court's order was thus overturned, and the case was remanded for a new hearing before a different judge.
Case reassignment
SC bench orders new judge to take over
The bench further stated that Justice Kumar should now only sit on a division bench with a senior judge and should not be assigned any criminal determinations, even if they are awarded to single bench matters. 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. Lalita Textiles filed a criminal complaint to retrieve the remainder sum.
Case
What the HC judge said
The complainant's statement was then recorded, and a magistrate's court issued a summons to the applicant. M/S Shikhar Chemicals then challenged the ruling in the high court, claiming that the issue was merely civil in character. However, the high court denied the applicant's 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.