SC slams high court judge's 'shocking' logic, bars him from criminal cases

The Supreme Court strongly criticised an Allahabad High Court judge for permitting criminal proceedings in what was "clearly a civil case". The top court called his reasoning "shocking" and found his understanding of criminal law to be deeply flawed, Bar and Bench reported.

The apex court also directed the Chief Justice of the High Court to remove Justice Prashant Kumar from all criminal matters and ordered that such cases should not be assigned to him in the future.

A Bench of Justices JB Pardiwala and R Mahadevan was hearing a plea filed by M/S Shikhar Chemicals. The company had approached the Supreme Court after the high court refused to cancel a criminal case filed against it.

The case was about a financial transaction between the petitioner company and a supplier. The supplier, who was the complainant, claimed he had sold thread worth ₹52.34 lakh but received only ₹47.75 lakh. He filed a criminal complaint to recover the remaining amount. The company argued that this was purely a civil dispute and had no criminal elements. But the high court had dismissed their plea to quash the case, the news report said.

HC judge’s reasoning draws sharp SC criticism

Justice Prashant Kumar had written in his order that civil suits take too long and are expensive. Therefore, he said, the complainant should be allowed to go ahead with criminal prosecution to recover the remaining money.

“We are shocked by the findings recorded in paragraph 12 of the impugned order,” the Supreme Court said, reacting to this part of the High Court’s ruling. “The judge has gone to the extent of stating that asking the complainant to pursue civil remedy would be very unreasonable... and therefore the complainant may be permitted to institute criminal proceedings for recovery.”

The apex court said that this view was completely unacceptable and decided to intervene without even issuing a notice.

SC orders judge removed from criminal cases

The Supreme Court did not stop at setting aside the high court's order. “We request the Hon’ble Chief Justice of the High Court to assign this matter to any other judge,” the Bench said. “We further request the Chief Justice to immediately withdraw the present determination of the concerned judge.”

The court added that Justice Kumar should no longer handle criminal matters even if he is made to sit alone in future. “In any view of the matter, the concerned judge shall not be assigned any criminal determination till he demits office,” the Supreme Court said. “If at all at some point of time he is to be made to sit as a single judge, he shall not be assigned any criminal determination.”

The Supreme Court also sent the case back to the high court to be heard again by a different judge. The top court made it clear that giving a criminal twist to civil disputes, just because civil cases take longer, is not acceptable in law.