Supreme Court relists case in which it barred HC judge from hearing criminal cases

New Delhi: Days after the Supreme Court pulled up an Allahabad High Court judge for allowing criminal proceedings in a civil dispute case, the Supreme Court relisted the matter for August 8.

In an unprecedented order, a bench of Justices J B Pardiwala and R Mahadevan on August 4 stripped criminal matters of the roster of a Allahabad High Court judge "till he demits office" after he "erroneously" upheld summons of criminal nature in a civil dispute.

According to the top court's causelist, the matter would be heard by the same bench.

According to sources, senior judges in the apex court have taken strong exception to the bench's order and even Chief Justice of India B R Gavai was consulted in the matter.

The high court judge had refused to quash a magistrate's summoning order against a company which was accused of not paying the balance monetary sum in a business transaction of civil nature.

Justices Pardiwala and Mahadevan on August 4 directed removal of criminal matters from the high court judge's roster till his retirement while tasking him to sit with a senior judge in a division bench.

The high court judge's order said asking the complainant to pursue civil remedy for recovering the amount was unreasonable being time intensive.

Calling the order passed by the high court judge "erroneous", the top court said the judge went ahead to the extent of saying that the complainant should be permitted to institute criminal proceedings for the purpose of recovery of the balance amount.

The top court said the high court order was one of the "worst and most erroneous" orders that it came across in their respective tenures as judges of the top court.

"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 bench said.

The top court was hearing a challenge to 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.

In this case, the complainant (Lalita Textiles) delivered goods in the form of thread to Shikhar Chemicals worth Rs 52.34 lakh of which an amount of Rs 47.75 lakh came to be paid, however, the balance amount has not been paid, till date.

Lalita Textiles filed a criminal complaint for the recovery of the balance amount.

Thereafter, the complainant's statement was recorded and a magisterial court issued summons against the applicant.

The company moved the high court against the order, contending the dispute was purely civil in nature.

The high court, however, rejected the plea of the applicant.

On August 4, the top court observed it was expected of the high court to know the well-settled position of law that in cases of civil disputes a complainant cannot be permitted to resort to criminal proceedings as the same would amount to abuse of process of law.

Terming the high court's take on the issue as "shocking", the bench said, "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, "It was expected of the high court to understand the nature of the allegations levelled in the complaint. In substance the high court has said in so many words that the criminal proceedings instituted by the complainant in a case of pure civil dispute is justified because it may take considerable time for the complainant to recover the balance amount by preferring a civil suit."

The bench said in such circumstances it was left with no other option but to set aside the high court order even without issuing 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 Chief Justice shall make the concerned judge sit in a Division Bench with a seasoned senior judge of the High Court (sic)," the top court said.