The Supreme Court recently came down strongly on Justice Prashant Kumar of the Allahabad High Court for his remarks made in a judgment suggesting that criminal prosecution may be permitted to recover money as an alternative remedy in a civil suit.
The Bench of Justices JB Pardiwala and R Mahadevan made strong remarks about the High Court judge’s understanding of criminal law.
The Court said it had no hesitation in interfering with the order.
The top court without issuing notice in the matter directed the High Court Chief Justice to remove Justice Kumar from the criminal roster.
In the backdrop of this, Justice A.N. Mittal, former Judge of the Allahabad High Court, shared his views with iTV Network.
Justice Mittal said that the root cause of such judicial missteps lies in the High Court’s roster system.
Justice Mittal said that judges elevated from the bar should be assigned cases only within their area of legal expertise, whether civil, criminal, taxation, or constitutional.
He said that expecting a judge to master all areas of law is unrealistic and could leadto errors in judgments.
Justice Mittal stressed that lack of domain knowledge can lead to flawed interpretations of legal principles.
He said that assigning judges to unfamiliar jurisdictions without considering their background weakens the judicial system and may have been the reason behind Justice Kumar’s misjudged order.
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