SC recalls own order barring Allahabad HC judge from hearing criminal cases

In a rare move, the Supreme Court on Friday (August 8) recalled its August 4 order that had barred an Allahabad High Court judge from hearing criminal cases until retirement and required the judge to sit alongside a senior colleague.

A bench of Justices JB Pardiwala and R Mahadevan had issued the directive after raising concerns over a ruling by Justice Prashant Kumar of the High Court, who refused to quash a criminal complaint, stating that the availability of a civil remedy for money recovery was not enough to warrant quashing the case.

Also read | SC bars Allahabad HC judge from criminal cases over ‘worst’ civil dispute order

Move after CJI's request

The developments followed Chief Justice of India BR Gavai’s request to Justice Pardiwala’s bench to reconsider the restrictions placed on the High Court judge after the order drew criticism.

“We have received an undated letter from the CJI requesting us to reconsider the directions passed in our earlier order,” the bench said this morning, adding, “We set aside the impugned order and remanded the matter for fresh hearing in the high court.”

In addition, 13 High Court judges wrote to the Chief Justice of the Allahabad High Court, urging him not to implement the Supreme Court’s directions. As a result, the matter was relisted today for fresh directions.

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The bench reiterated that the observations were made to ensure that the dignity of the judiciary is maintained. Acknowledging that Chief Justice of the high court is the master of the roster, the top court left it to him to take call in the matter.

The 'controversial' order

In an unprecedented order, a bench of Justices Pardiwala and Mahadevan on August 4 stripped criminal matters of the roster of the Allahabad High Court judge “till he demits office” after he “erroneously” upheld summons of criminal nature in a civil dispute.

A group of judges of the Allahabad High Court had written to Chief Justice Arun Bhansali urging him to convene a full court meeting in response to the Supreme Court's order to have Justice Kumar removed from the criminal roster.

The letter was written by Justice Arindam Sinha expressing pain over the apex court order passed on August 4 and seven judges have signed the letter.

In its order, the top court made strong observations against Justice Kumar's judicial reasoning and further directed the high court administration to remove him from the criminal roster. It also asked that he be assigned to a division bench alongside a senior judge until his retirement.

(With agency inputs)