The Supreme Court on Friday formally deleted its earlier remarks criticising Justice Prashant Kumar of the Allahabad High Court for permitting criminal proceedings in a matter that was essentially civil in nature.
The top court clarified that the comments were never intended to “embarrass or cast aspersions” on the judge.
A bench comprising Justice J.B. Pardiwala and Justice R. Mahadevan said the observations made earlier were aimed at protecting the dignity of the judiciary, not targeting an individual. The decision to remove the remarks came after Chief Justice B.R. Gavai urged the bench to reconsider.
Matter Referred Back To HC Chief Justice
Acknowledging that the Chief Justice of a High Court is the master of the roster, the Supreme Court left it to Allahabad High Court Chief Justice Arun Bhansali to decide whether any changes to Justice Kumar’s judicial assignments were necessary.
The move follows an August 4 order in which the same bench took the unprecedented step of removing criminal cases from Justice Kumar’s roster “till he demits office.” The order cited an “erroneous” decision in which the judge upheld summons of a criminal nature in a dispute the Supreme Court viewed as purely civil.
Judges Express Dismay Over SC Order
The August 4 directive triggered concern within the Allahabad High Court. Justice Arindam Sinha, joined by six other judges, wrote to Chief Justice Bhansali expressing their “pain” at the apex court’s decision. The letter also urged the Chief Justice to convene a full court meeting to discuss the development.
In its earlier order, the Supreme Court had questioned Justice Kumar’s judicial reasoning and directed that he be shifted to a division bench with a senior judge until retirement. It also instructed the High Court administration to ensure that he did not hear any criminal matters.
By deleting its remarks, the Supreme Court has dialled back its earlier stance, making it clear that the purpose was to uphold judicial decorum rather than to single out or publicly rebuke a sitting judge. The final decision on Justice Kumar’s work allocation now rests entirely with the Allahabad High Court’s Chief Justice.
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