SC bars Allahabad HC judge from criminal cases over ‘worst’ civil dispute order

In an unprecedented order, the Supreme Court has barred a judge of the Allahabad High Court from handling any criminal cases until his retirement, calling his decision to uphold criminal summons in a civil dispute as one of the "worst orders" that it has ever encountered.

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No criminals cases for HC judge

Taking a strong view, a bench comprising Justices J B Pardiwala and R Mahadevan ordered that all criminal cases be removed from the judge’s roster till his retirement. He was also directed to sit with a senior judge on a division bench going forward.

The high court judge had declined to quash a magistrate’s summoning order against a company accused of failing to pay the outstanding amount in a civil business transaction.

He reasoned that asking the complainant to pursue civil remedies for recovering the amount was unreasonable due to the time it would take.

Civil dispute misjudged

Describing the order as “erroneous,” the apex court noted that the judge had gone so far as to suggest that criminal proceedings were justified for recovering the balance amount in a civil transaction.

The Supreme Court bench stated that the high court order was one of the "worst and most erroneous" orders that it had ever come across.

"The judge concerned has not only cut a sorry figure for himself but has 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," the bench said.

The top court stated that regardless of the reason, passing of such absurd and erroneous orders is something unpardonable.

The top court was hearing a challenge to the high court’s order which dismissed an application filed by one M/S Shikhar Chemicals seeking to quash summoning order in a case of commercial transaction.

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'Shocking' reasoning

On August 4, the Supreme Court emphasised that the high court should have been well aware of the established legal position: that criminal proceedings cannot be used as a tool for resolving civil disputes, as doing so would constitute an abuse of legal process.

Calling the high court’s reasoning “shocking,” the bench observed, "It is an extremely sad day for one and all to read the observations contained in para 12 of the impugned order."

The order continued that it was expected of the high court to understand the nature of the allegations levelled in the complaint. In light of this, the bench said it had no choice but to overturn the high court’s order without even issuing a notice to the respondents.

"We request the the Chief Justice of the High Court of Allahabad to assign this matter to any other Judge of the High Court as he may deem fit. The Chief Justice of High Court shall immediately withdraw the present criminal determination from the concerned Judge,” the Supreme Court stated.

It also directed that the concerned judge be placed in a division bench alongside a senior and experienced judge of the High Court. Additionally, the judge was to be kept away from all criminal matters until his retirement.

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Case background

In this case, Lalita Textiles had supplied thread to Shikhar Chemicals worth Rs 52.34 lakh, out of which Rs 47.75 lakh was paid. However, the remaining balance remains unpaid, till date.

Lalita Textiles lodged a criminal complaint seeking recovery of the unpaid amount. After recording the complainant’s statement, a magistrate issued summons to the company.

Shikhar Chemicals challenged the summons before the high court, arguing that the issue was civil in nature. However, the high court dismissed their plea.