Supreme Court Withdraws Unprecedented Order Barring HC Judge from Criminal Cases

8 August, 2025

The Supreme Court has recalled its own controversial order that had restrained Allahabad High Court Justice Prashant Kumar from hearing criminal cases until his retirement. The reversal came after a request from Chief Justice of India B.R. Gavai and protests from Allahabad HC judges. The initial order, which criticized the judge for passing "perverse" orders, had created an unusual standoff within the judiciary. The SC bench, while withdrawing the directive, left the matter to the High Court's Chief Justice.

Unpacked:

What led the Supreme Court to issue its initial order restraining Justice Prashant Kumar from hearing criminal cases?

Justice Prashant Kumar had upheld a lower court’s decision to allow criminal proceedings in what the Supreme Court considered a purely civil dispute, which was seen as a serious judicial error. The Supreme Court called his order “one of the worst and most erroneous” and viewed it as an abuse of the legal process, prompting the unprecedented restriction.

Why did judges from the Allahabad High Court protest the Supreme Court's order?

Judges from the Allahabad High Court protested because they saw the Supreme Court’s order as an infringement on judicial independence and the High Court’s administrative autonomy. At least 13 judges signed a letter expressing pain over the order, arguing that the Supreme Court lacked superintendence over High Courts and that its directive was procedurally improper.

What are the broader implications of this standoff for judicial independence in India?

The standoff raises concerns about the balance of power between the Supreme Court and High Courts. Critics argue that the Supreme Court’s intervention undermined the autonomy of High Courts and set a precedent for excessive centralization, sparking debate about the limits of judicial accountability and independence within India’s federal judiciary.

How common is it for the Supreme Court to bar High Court judges from hearing certain cases?

It is extremely rare for the Supreme Court to bar a High Court judge from hearing specific types of cases. Such direct intervention in a High Court judge’s roster is almost unprecedented and was widely regarded as an extraordinary and controversial action by the Supreme Court in this instance.