Supreme Court Revokes Order Against Justice Prashant Kumar Amid Protests By Allahabad High Court Judges

Prayagraj: A potential standoff between the Supreme Court and the Allahabad High Court was averted on Friday after the apex court, at the request of Chief Justice of India (CJI) B.R. Gavai, withdrew its earlier remarks criticising Justice Prashant Kumar of the Allahabad High Court. The Supreme Court also dropped its directive barring Justice Kumar from hearing criminal cases until his retirement.

The development came a day after 13 judges of the Allahabad High Court sought a full court meeting to register their protest against the Supreme Court’s August 4 order. That order had arisen from a civil dispute in which Justice Kumar had upheld the issuance of a criminal summons — a decision the Supreme Court had deemed a “serious error.”

On August 4, a bench of Justices J.B. Pardiwala and R. Mahadevan had ruled that Justice Kumar should not be assigned criminal matters for the remainder of his tenure, remarking that such orders “make a mockery of the justice system” and expressing bewilderment over “what is happening at the High Court level in the Indian judiciary.”

In Friday’s hearing, the bench clarified that its intention had not been to embarrass or personally target the judge but to uphold the dignity of the judiciary. The court said the comments were being expunged following the CJI’s intervention and left it to the Allahabad High Court Chief Justice — as the “master of the roster” — to decide on any administrative action.

Letter of protest signed by 13 Judges

The Supreme Court’s earlier directive had drawn strong objections from within the Allahabad High Court. Justice Arindam Sinha wrote to Chief Justice Arun Bhansali expressing shock and dismay that the August 4 order was passed without notice and contained sharp criticism of a sitting judge. The letter argued that the Supreme Court had no administrative supervisory authority over High Courts and suggested that a full court meeting be convened to formally object to both the tone and content of the order. Twelve other judges endorsed the letter with their signatures.

Even as it withdrew the remarks against Justice Kumar, the Supreme Court on Friday expressed displeasure over another Allahabad High Court ruling. In a case involving a convict sentenced to four years under the POCSO Act, IPC, and SC/ST Act, the High Court had rejected his plea to suspend the sentence. The apex court said the High Court had ignored settled legal principles in doing so, terming it a “serious error.”

The matter was remanded to the High Court with directions to issue a fresh order within 15 days. This case too was heard by the bench of Justices Pardiwala and Mahadevan.

According to sources, some Supreme Court judges had also raised objections to the August 4 order’s language, prompting CJI Gavai to consult senior colleagues and list the matter for reconsideration. The case is expected to be taken up again for hearing later today.