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After CJI's request, Supreme Court recalls order to remove Allahabad HC judge from criminal jurisdiction
The Supreme Court recalled its August 4 order that mandated the removal of Allahabad high court judge Prashant Kumar from criminal jurisdiction.
In an unusual turn of events, the Supreme Court on Friday recalled the unprecedented order it passed on August 4, which observed that Allahabad high court judge Justice Prashant Kumar should be removed from criminal jurisdiction until his retirement and made to sit with a seasoned senior judge.
A bench of Justice JB Pardiwala and R Mahadevan deleted its observation in which it criticised judge Prashant Kumar for allowing criminal proceedings in a civil dispute case, making it clear that its intention was not to embarrass or cast aspersions on him.
The top court said it was deleting the observations after a request was made by Chief Justice of India BR Gavai to reconsider the matter.
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.
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 top court order passed on August 4, and seven judges have signed the letter.
In its order, the Supreme 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 inputs from PTI)
