In a significant development, thirteen judges of the Allahabad High Court have raised concerns over a recent Supreme Court directive against one of their colleagues, Justice Prashant Kumar. The Supreme Court had earlier barred Justice Kumar from handling any criminal cases until his retirement, leading to strong reactions from within the High Court.
These judges have written to Chief Justice Arun Bhansali, urging him to convene a Full Court meeting. Their letter, dated August 7, 2025, clearly requests that the Supreme Court's directions issued on August 4 - particularly paragraphs 24 to 26 of the order - should not be followed.
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"The Full Court resolves that direction made in para 24 to 26 in the subject order dated August 4, 2025 is not to be complied with as the Supreme Court does not have administrative superintendence over the High Courts,"
- Letter by Allahabad High Court Judges
The judges expressed deep anguish over the tone and language used by the Supreme Court in its order. The apex court had criticized Justice Kumar harshly for allowing criminal proceedings in a matter that was essentially a civil dispute involving a financial transaction.
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"We are at our wits’ end to understand what is wrong with the Indian judiciary at the level of the High Court... Passing of such absurd and erroneous orders is something unpardonable,"
- Supreme Court Bench of Justices J.B. Pardiwala and R. Mahadevan
The case involved a criminal breach of trust being registered in what was otherwise a civil dispute related to unpaid dues in a sale transaction. The Supreme Court found this legally unsound and viewed the order passed by Justice Kumar as a misuse of criminal law.
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This instance has brought fresh attention to a growing issue in India's legal system - the increasing misuse of criminal law in civil matters. These include issues like cheque bounce, money recovery, property disagreements, inheritance disputes, and business transactions.
Even earlier this year, former Chief Justice of India Sanjiv Khanna had raised a red flag regarding this concerning trend, especially in Uttar Pradesh. During a hearing involving a cheque bounce case, he criticized the state for turning civil issues into criminal offences. The accused in that case also faced charges such as breach of trust, intimidation, and criminal conspiracy.
