Supreme Court withdraws order removing Allahabad High Court Judge from criminal cases
New Delhi, Aug 8: The Supreme Court on Friday withdrew its earlier order that had barred Allahabad High Court judge Justice Prashant Kumar from hearing criminal matters. The move came after Chief Justice of India B.R. Gavai wrote to the Bench requesting a reconsideration of the August 4 directions, reports Bar & Bench. The Bench of Justice J.B. Pardiwala and Justice R. Mahadevan, which had originally passed the order, recalled the contentious paragraphs from its ruling that had asked the Chief Justice of the Allahabad High Court to take away Justice Prashant Kumar’s criminal case responsibilities, reports Bar & Bench.
The August 4 order had sparked widespread disquiet within judicial circles. At least 13 judges of the Allahabad High Court reportedly wrote to Chief Justice Arun Bhansali urging him to disregard the Supreme Court’s directive.
Media reports also suggested that some judges of the Supreme Court were unhappy with the severity of the directions issued by the Bench. Justice Kumar, in a May 5 order in one of the cases, dismissed the plea and observed that expecting the complainant to pursue a civil suit would be unreasonable due to delays in civil litigation. He permitted criminal proceedings as an alternative, a reasoning the Supreme Court later called legally untenable.
While setting aside Justice Kumar’s order on August 4, the apex court had also passed strong remarks on the judge’s interpretation of criminal law and directed that he be removed from all criminal case assignments. It further advised that he be paired with a senior judge in a division bench until his retirement. The directions were criticised as excessive and unprecedented, leading to a recall of that part of the order during Friday’s hearing. The Bench clarified that it had no intention of undermining the authority of the High Court’s Chief Justice or embarrassing the judge concerned. With today’s development, the administrative decision on Justice Kumar’s future criminal case assignments has been left to the discretion of the Allahabad High Court. (source Bar & Bench)
