SC deletes observations

REMARKS AGAINST ALLAHABAD HC JUDGE

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Following Chief Justice of India B R Gavai's intervention, the Supreme Court Friday deleted its observations criticising an Allahabad High Court judge for allowing criminal proceedings in a civil dispute case and said 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 it was expected of the high court's Justice Prashant Kumar to know the well-settled position of law that in cases of civil disputes a complainant couldn't 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 said.

Clarifying its position Friday, the apex court said it did not intend to cause embarrassment or cast aspersions on the judge.