Particle.news

Download on the App Store

Supreme Court Relists Case After Stripping Allahabad HC Judge’s Criminal Jurisdiction

The August 8 rehearing follows a landmark order that removed Justice Prashant Kumar from criminal duties for converting a civil payment dispute into a criminal case

Overview

  • The Supreme Court set aside the Allahabad High Court’s May 5 order in a ₹7.23 lakh debt case and remanded it for fresh consideration by a different judge
  • Justices Pardiwala and Mahadevan directed the Chief Justice of the Allahabad High Court to withdraw Justice Prashant Kumar’s criminal roster and assign him to a division bench with a senior judge until retirement
  • The apex court branded the High Court’s reasoning as “shocking” and a “travesty of justice” for treating a routine sales transaction under Section 406 IPC as criminal breach of trust
  • The judgment reaffirmed the 1968 State of Gujarat vs Jaswantlal Nathalal principle that mere sale transactions do not amount to criminal breach of trust
  • The relisting for August 8 has prompted discussion on the Supreme Court’s direct intervention in high court administrative powers under India’s constitutional framework