New Delhi: The Supreme Court on Friday withdrew its earlier remarks that had criticised Allahabad High Court judge Prashant Kumar for allowing criminal proceedings in a civil dispute. The court clarified that its intention was never to embarrass or cast aspersions on the judge.
A bench comprising Justices J.B. Pardiwala and R. Mahadevan reaffirmed that the initial observations were made solely to uphold the dignity of the judiciary. The decision to remove the remarks came following a request by Chief Justice B.R. Gavai to reconsider the matter.
Acknowledging that the Chief Justice of a high court has authority over judicial assignments, the Supreme Court left the final decision on the issue to him.
On August 4, in an unprecedented move, the bench had directed that criminal cases be removed from Justice Kumar’s roster “till he demits office,” after he had, according to the court, “erroneously” upheld criminal summons in a matter that was civil in nature.
In response to the order, a group of judges from the Allahabad High Court wrote to Chief Justice Arun Bhansali, urging him to convene a full court meeting. The letter, authored by Justice Arindam Sinha and signed by seven judges, expressed concern and disappointment over the Supreme Court’s directive.
The apex court had made strong remarks about Justice Kumar’s judicial reasoning and instructed the high court to remove him from handling criminal matters. It also recommended that he be assigned to a division bench with a senior judge until his retirement.
