Supreme Court Recalls Order Barring Allahabad High Court Judge from Criminal Cases
The Supreme Court has recalled its unprecedented August 4 order that barred Allahabad High Court judge, Justice Prashant Kumar, from hearing criminal cases. The reversal came after a written request from Chief Justice of India B.R. Gavai, and after 13 Allahabad HC judges protested the order. The bench, led by Justice J.B. Pardiwala, deleted the controversial directions and referred the matter to the Chief Justice of the Allahabad High Court to handle administratively, stressing its original intent was to uphold institutional dignity.
Unpacked:
The Supreme Court barred Justice Prashant Kumar after he upheld criminal proceedings in a case that was essentially a civil dispute, which the Court called 'one of the worst and most erroneous orders.' The justices questioned his competence in criminal cases and were concerned about repeated judicial errors, leading to the unprecedented order restricting his jurisdiction.
The reversal was prompted by a written request from Chief Justice of India B.R. Gavai and a protest letter from 13 senior Allahabad High Court judges. The Supreme Court acknowledged that its intent was not to embarrass or cast aspersions on Justice Kumar, and decided the matter should be handled administratively by the High Court’s Chief Justice.
The Allahabad High Court judges protested the Supreme Court’s order as unprecedented and potentially damaging to judicial independence. They felt the directive undermined the High Court’s authority to handle internal matters and could set a problematic precedent for judicial discipline being imposed externally without due administrative process.
No, this was the first time in the Supreme Court’s 75-year history that it issued an order barring a sitting High Court judge from hearing certain types of cases, making the action highly controversial and leading to its quick recall.