SC Recalls Its Own Order To De-Roster Allahabad HC Judge

New Delhi: The Supreme Court, on Friday, recalled its directions of August 4 by which it had divested Allahabad High Court judge Justice Prashant Kumar of criminal matters.

The Bench of Justice J B Pardiwala and Justice R Mahadevan decided to recall its directions after it received a letter from Chief Justice of India B R Gavai, requesting it to reconsider the directions and observations against Justice Kumar.

According to Bar and Bench, the Court has deleted the paragraphs from its August 4 order by which it had directed the Allahabad High Court Chief Justice to remove Justice Kumar from handling criminal cases.

“Since a request has been made by the CJI we hereby delete para 25 and 26 from our 4th August order. While we delete it, we leave it to the CJ of the HC to now look into the matter. We fully acknowledge that the CJ of the HC is the master of the roster. The directions are absolutely not interfering with the administrative power of the CJ of the HC. When matters affect the rule of law, this Court will be compelled to take corrective steps,” the Bench observed.

It also said that its intention was not to embarrass the concerned High Court judge.

“At the outset, we must clarify that our intention was not to cause embarrassment or cast aspersions on the concerned judge,” the Bench clarified.

It justified the August 4 order, saying that the intention was to ensure that the dignity of the judiciary is held high.

“Whenever we come across a legally unimpeachable order and orders that have ensured complete justice we have recorded appreciation for the judges. The HCs are not separate islands that can be disassociated from the institution. Whatever we said in our order was to ensure that the dignity of the judiciary is held high. It is not just a matter of error or mistake to appreciate the legal points we were concerned about the appropriate directions in a view to protect the honour of the institution.”

The Supreme Court had, on August 4, expressed its displeasure on Justice Kumar for his verdict stating that criminal prosecution could be used as an alternative means to recover money in civil disputes.

In a drastic direction issued that day, the Supreme Court had urged the High Court Chief Justice to strip Justice Kumar of criminal roster till his retirement and make him sit in a Division Bench with a seasoned senior judge of the High Court.

“We further direct that the concerned judge shall not be assigned any criminal determination, till he demits office. If at all at some point of time, he is to be made to sit as a single judge, he shall not be assigned any criminal determination,” the Supreme Court had ordered.

This has not gone down well with the legal fraternity. At least 13 judges of the Allahabad High Court wrote to its Chief Justice Arun Bhansali, urging him to defy the Supreme Court’s directions. They also sought a full court meeting to discuss the matter.

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