‘Intention was not to embarass’: SC withdraws criticism of Allahabad HC judge in civil dispute case

New Delhi: The Supreme Court on Friday withdrew its earlier remarks criticising Allahabad High Court judge Prashant Kumar for allowing criminal proceedings in a civil dispute, clarifying that there was no intention to embarrass or cast aspersions on him.

A bench comprising Justice J B Pardiwala and Justice R Mahadevan emphasised that the observations were made solely to preserve the dignity of the judiciary.

Reconsideration following Chief Justice's request

The apex court said the remarks were deleted following a request by Chief Justice B R Gavai to reconsider the matter. Acknowledging that the Chief Justice of a High Court is the master of the roster, the Supreme Court left it to his discretion to decide how to proceed.

Background: Dispute over judicial reasoning

The controversy stemmed from an order passed by the Supreme Court on August 4, 2025, in a matter involving M/s Shikhar Chemicals. The company had approached the top court seeking to quash criminal proceedings that had arisen from a commercial dispute.

The Allahabad High Court had previously dismissed the company’s plea, with Justice Prashant Kumar holding that compelling the complainant to seek civil remedies would be "very unreasonable" and that criminal proceedings could be allowed to recover dues.

The Supreme Court found this reasoning unacceptable and remarked, "We are shocked by the findings recorded in paragraph 12 of the impugned order. The judge has gone to the extent of stating that asking the complainant to pursue civil remedy would be very unreasonable as civil suits take a long time, and therefore the complainant may be permitted to institute criminal proceedings for recovery."

Calling this approach "untenable", the apex court set aside the High Court’s order and directed that the matter be reheard by a different judge.

Initial SC order removed judge from criminal roster

In an unusual move, the Supreme Court not only criticised Justice Kumar’s judicial reasoning but also directed the High Court administration to remove him from handling criminal matters "till he demits office". It further instructed that he be assigned to a division bench with a senior judge until retirement.

Judges respond with concern

This order prompted a strong response from within the Allahabad High Court. A group of judges wrote to Chief Justice Arun Bhansali, urging him to convene a full court meeting to discuss the Supreme Court’s directive. The letter, written by Justice Arindam Sinha and signed by seven judges, expressed "pain" over the order, signalling rare public dissent over what was viewed as an infringement on judicial independence.

PTI