Supreme Court relists case where it took judge off criminal cases after 13 Allahabad HC judges protest

The top court had criticised the HC judge for permitting criminal prosecution in what it said was essentially a civil dispute.

The matter will be reheard by a bench of Justices J B Pardiwala and R Mahadevan, which had also passed the August 4 order barring the judge.

Sources said there was a view among some of the SC judges that the court could have gone easier in the matter as against the HC judge, and this was conveyed to the CJI.

In its August 4 order, the SC asked the Allahabad HC Chief Justice to “make the concerned judge sit in a division bench with a seasoned senior judge of the high court. We further direct that the concerned judge shall not be assigned any criminal determination till he demits office. If at all at some point in time, he is to be made to sit as a single judge, he shall not be assigned any criminal determination.”

The case involved a dispute between a yarn supplier and a cloth manufacturer. Lalita Textile Concern had supplied thread worth Rs 52,34,385 to Shikhar Chemicals, of which Rs 47,75,000 was paid and the rest remained unpaid since August 2019.

The owner of Lalita Textile alleged he did not receive payment despite multiple attempts.

He moved a magistrate court, which took cognisance of the complaint, and issued summons for the offence punishable under Section 406 (criminal breach of trust) of the IPC. This was challenged before the high court, which dismissed the same.

The case then came to the Supreme Court. It said in its verdict: “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.”

The top court added, “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. Whatever it be, passing of such absurd and erroneous orders is something unpardonable.” The SC set aside the high court order and remanded the matter to the high court for considering it afresh. The court asked the Chief Justice of the Allahabad HC to assign the matter to any other HC judge.