Supreme Court Recalls Order Banning High Court Judge From Hearing Criminal Cases

The Supreme Court has recalled its order banning an Allahabad High Court judge from hearing criminal cases, following a request from Chief Justice of India BR Gavai. The court removed its remarks against Justice Prashant Kumar in their previous order and declared, "We close this matter".

On August 4, Justice Kumar was barred from hearing criminal cases until retirement by a bench of Justices JB Pardiwala and R Mahadevan over the judge's decision to uphold criminal summons in a civil matter.

The bench set aside its judgment this morning after CJI Gavai urged Justice Pardiwala to reconsider the order. "We have received an undated letter from the CJI requesting us to reconsider the directions passed in our earlier order," the bench said this morning, adding, "We set aside the impugned order and remanded the matter for fresh hearing in the high court."

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 Justice Pardiwala bench -- which had called Justice Kumar's order in the said case, one of the "worst and most erroneous" -- also clarified that it never intended to cause embarrassment or caste aspersions on the judge.

"The High Courts are not separate islands that can be disassociated from the institution. Whatever we said in our order was to ensure that the dignity of the judiciary is held high. It is not just a matter of error or mistake to appreciate the legal points we were concerned about the appropriate directions in a view to protect the honour of the institution," the bench noted.

The Supreme Court said it has removed paragraphs from the August 4 order in which it had removed Justice Kumar from hearing criminal cases and directed the judge to sit on a division bench alongside a senior colleague.

"We hope, in the future, we may not have to come across such perverse orders of the High Court. If the rule of law is not maintained in the court itself, then that would be the end of the entire justice delivery system. Judges are expected to work efficiently, discharge their duties diligently. We close this matter," the bench added.

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.