Justice Prashant Kumar, Allahabad High Court.
Supreme Court Recalls Order Stripping Allahabad HC Judge Prashant Kumar of Criminal Roster:
NEW DELHI — In a rare and dramatic turn of events, a Supreme Court bench on Friday recalled its own directive that had divested an Allahabad High Court judge, Justice Prashant Kumar, of all criminal matters until his retirement. The decision came after the bench received a letter from Chief Justice of India (CJI) B.R. Gavai, requesting a reconsideration of the August 4 order and its sweeping observations.
The bench of Justice J.B. Pardiwala and Justice R. Mahadevan, which had passed the original order, announced it would “delete” the contentious paragraphs from its August 4 ruling. The paragraphs had not only removed Justice Kumar from the criminal roster but also suggested he sit in a Division Bench with a “seasoned senior judge” for the remainder of his tenure.
“Since a request has been made by the CJI, we hereby delete paras 25 and 26 from our 4th August order,” the bench stated. “While we delete it, we leave it to the Chief Justice of the High Court to now look into the matter. We fully acknowledge that the Chief Justice of the HC is the master of the roster.”
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The court clarified that its intention was not to “cause embarrassment or cast aspersions on the concerned judge.” It defended its initial intervention by stating its purpose was to “ensure that the dignity of the judiciary is held high,” and that its August 4 order was a “corrective step” taken when a matter “affect[ed]the rule of law.”
The controversy stems from an August 4 Supreme Court order in which the bench came down heavily on Justice Kumar for a verdict he delivered in a commercial dispute. The original case involved M/S Shikhar Chemicals, which was seeking to quash criminal proceedings related to an unpaid debt of approximately ₹4.5 lakh. The Allahabad High Court, under Justice Kumar, had dismissed the plea, with the judge observing that using criminal prosecution to recover money was justified because “civil suits take a long time.”
The Supreme Court had described this reasoning as “shocking” and “untenable,” asserting that criminal law cannot be used as a means to recover money in what is fundamentally a civil dispute. While the top court set aside the High Court’s order and remanded the case for a fresh hearing by a different judge, its additional directives targeting Justice Kumar’s administrative role stirred a major institutional debate.
The punitive nature of the order attracted significant negative attention and sparked an internal protest within the judiciary. According to media reports, at least 13 judges of the Allahabad High Court wrote to their Chief Justice, Arun Bhansali, urging him to defy the Supreme Court’s directive and call for a full court meeting to discuss the matter. It was also reported that several Supreme Court judges themselves took exception to the bench’s unprecedented move.
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This internal pushback and the subsequent letter from the CJI prompted the unusual step of relisting the disposed-of matter for a rehearing. The Supreme Court’s decision to recall its directives is being seen as an acknowledgment of the principle of the High Court Chief Justice being the “master of the roster” and a de-escalation of what had become a tense institutional standoff.
The court’s latest order now places the onus on the Allahabad High Court’s Chief Justice to address the matter. The Supreme Court, while acknowledging the CJ’s administrative power, left the door open for the High Court to take its own view on the judge’s future assignments. The episode highlights the delicate balance of power and mutual respect required between different tiers of the judiciary, a balance that was briefly disrupted but now appears to be restored.
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