Supreme Court’s Unprecedented Decision

In a landmark decision, the Supreme Court has removed a judge from the Allahabad High Court from handling criminal cases. This action follows the judge’s controversial decision to uphold a criminal summons in a civil dispute. The Supreme Court’s bench, comprising Justices J B Pardiwala and R Mahadevan, deemed the order one of the “worst and most erroneous” they had encountered. The judge will now serve on a division bench with a senior colleague until his retirement.

Background of the Case

The controversy arose from a business transaction involving Lalita Textiles and Shikhar Chemicals. Lalita Textiles supplied goods worth Rs 52.34 lakh, but Rs 4.59 lakh remains unpaid. Instead of pursuing civil remedies, Lalita Textiles filed a criminal complaint to recover the balance. The magistrate issued summons against Shikhar Chemicals, prompting them to seek relief from the high court.

High Court’s Controversial Ruling

The high court judge refused to quash the summons, suggesting that criminal proceedings were justified due to the time-consuming nature of civil litigation. This stance was criticized by the Supreme Court, which highlighted that allowing criminal proceedings in civil disputes constitutes an abuse of legal processes.

Supreme Court’s Critique and Directives

The Supreme Court expressed dismay at the high court’s failure to adhere to established legal principles. It emphasized that civil disputes should not be resolved through criminal proceedings. The bench directed the Chief Justice of Allahabad High Court to reassign the case and ensure that the judge in question no longer handles criminal matters.

Implications for Judicial Conduct

This incident underscores concerns about judicial conduct and decision-making at higher levels of the judiciary. The Supreme Court’s intervention highlights the need for adherence to legal norms and principles, ensuring justice is served without bias or error.