SC recalls order banning Allahabad HC Judge from criminal cases

In an unprecedented move, the Supreme Court on Friday recalled its order banning an Allahabad High Court judge from hearing criminal cases, following a request from Chief Justice of India BR Gavai. The bench of Justices J B Pardiwala and R Mahadevan on August 4 had issued the directive after expressing concerns over an order by Justice Prashant Kumar, who had refused to quash a criminal complaint, stating that the availability of a civil remedy for money recovery was not sufficient grounds for quashing the complaint.

"We have received an undated letter from the hon'ble Chief Justice of India requesting the reconsideration of the observations in paras...In such circumstances, we directed the Registry to re-notify the main matter for considering the request made by the Chief Justice of India," Justice Pardiwala said while explaining the reasons for re-listing. The Supreme Court does not intend to interfere in the administrative powers of the Chief Justice of the Allahabad High Court, the bench said, accepting that the Chief Justice is the master of the roster. The case has been sent back to the Allahabad High Court, leaving further action to Chief Justice Arun Bhansali.

The development averts a potential face-off in the higher judiciary in the wake of 13 high court judges writing to their Chief Justice seeking to defy the Supreme Court order. The case pertains to a company being accused of not paying the balance sum in a business transaction of a civil nature. M/S Shikhar Chemicals had challenged the high court's refusal to quash the summons ordered by a magisterial court over a criminal complaint filed by Lalita Textiles, which alleged that it had supplied threads worth Rs 52.34 lakh, of which Rs 47.75 lakh was paid and the rest was pending.

While hearing the petitioner, the top court had made a scathing remark about the judge, stating that he had made a mockery of justice. "We are at our wits' end to understand what is wrong with the Indian Judiciary at the level of High Court. At times, we are left wondering whether such orders are passed on some extraneous considerations or it is sheer ignorance of law. Whatever it be, passing of such absurd and erroneous orders is something unpardonable," the top court had said.