SC Omits Strong Observations Against Allahabad HC Judge

NEW DELHI: The Supreme Court on Friday withdrew its earlier criticism of Allahabad High Court Judge Prashant Kumar and clarified that it never intended to embarrass or cast aspersions on him.

On August 4, a two-judge bench, Justices J.B. Pardiwala and R. Mahadevan, had admonished Judge Kumar for permitting criminal proceedings in what was essentially a civil dispute, calling it “an abuse of the process of law.” The bench had directed the Chief Justice of the Allahabad High Court to reassign all criminal matters away from Judge Kumar and to have him sit on a division bench with a senior judge.

In its revised order, the Supreme Court explained that its original observations were meant solely to uphold the judiciary’s dignity and authority. “It is not our intention to cause embarrassment or cast aspersions on the judge concerned,” the court said, emphasising that it must intervene when institutional integrity is at risk, even under its appellate jurisdiction under Article 136 of the Constitution.

The court’s reconsideration followed an undated request from Chief Justice of India B.R. Gavai. “We directed the Registry to re-notify the main matter for considering the request,” the Supreme Court noted, and affirmed that High Courts are not “separate islands” beyond its oversight. It also acknowledged that the Chief Justice of the Allahabad High Court remains master of the roster and that the Supreme Court’s directions do not infringe upon his administrative authority.

The bench expressed hope that high courts will avoid issuing “perverse and unjust” orders and underscored the duty of all judges to work efficiently, discharge their responsibilities diligently, and uphold their constitutional oath to maintain the rule of law and the judiciary’s credibility.