SC removes criticism of HC judge over order

New Delhi: The Supreme Court on Friday deleted its observations criticising Allahabad High Court judge Prashant Kumar for allowing criminal proceedings in a civil dispute case, making it clear that its intention was not to embarrass or cast aspersions on him.

On August 4, a bench of Justice J B Pardiwala and R Mahadevan observed that 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 the law.

"We request 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 order said.

The bench on Friday said the observations were meant to ensure the dignity of the judiciary was maintained.

"We reiterate, whatever we said in our order was to ensure that the dignity and the authority of the judiciary as a whole is maintained high in the minds of the people of this country. It is not just a matter of error or mistake by the judge concerned in appreciating the legal points or facts.

We were concerned about the appropriate direction to be issued in the interest of justice and to protect the honour and dignity of the institution," the bench said.