The Supreme Court has directed that an Allahabad High Court judge be relieved of criminal matters for the rest of his tenure and made to sit with a seasoned judge instead of being allowed to function on a single-judge bench.
The top court expressed shock at the judge converting a civil dispute into a criminal case on the stated ground that “civil trials take an unusually longer time”.
In a scathing indictment of the judge, Justice Prashant Kumar, the bench of Justices J.B. Pardiwala and R. Mahadevan said: “With all due deference and humility at our command, we are constrained to observe that the impugned order is one of the worst and most erroneous orders that we have come across in our respective tenures as judges of this 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 bench passed the order while allowing an appeal filed by M/S Shikhar Chemicals challenging the verdict of Justice Kumar refusing to quash the criminal case filed against the firm’s proprietor by M/S Lalita Textiles in a dispute relating to payment of arrears of ₹7.25 lakh, including interest, on a commercial transaction.
Justice Kumar, while refusing to quash the criminal case, had observed in paragraph 12 of the judgment: “OP (opposite party) no. 2 appears to be a very small business firm and for him, the aforesaid amount, along with interest, is a huge amount. In case, subject to filing civil suit, OP no. 2 will not be in a position to pursue the civil litigation. In case, OP no. 2 files a civil suit, firstly, it will take years for it to see any ray of hope, and secondly, he will have to put more money to pursue the litigation....”