The Supreme Court on Friday recalled its August 4 order, stripping Allahabad High Court judge Justice Prashant Kumar of criminal roster.
The Bench of Justice JB Pardiwala and Justice R Mahadevan decided to recall the directions after it received a letter from Chief Justice of India (CJI) BR Gavai, requesting it to reconsider the said directions and observations against Justice Kumar.
The Apex Court deleted paras 25 and 26 from its August 4 order. Calling the High Court Chief Justice as master of the roster, the top court of the country directed him to look into the matter.
The Bench observed that the directions were not issued to interfere with the administrative power of the Chief Justice of the High Court. When matters affected the rule of law, this Court would be compelled to take corrective steps. The intention was to ensure that the dignity of the judiciary was held high. The High Courts were not separate islands that could be disassociated from the institution.
Whenever this Court came across legally unimpeachable verdicts and directions that ensured complete justice, the Apex Court had recorded appreciation for the judges, it added.
Expressing its strong displeasure over Allahabad High Court judge Justice Prashant Kumar for stating that criminal prosecution may be permitted to recover money as an alternative remedy in a civil suit, the Supreme Court on August 4 directed the Allahabad High Court Chief Justice to strip the judge of criminal roster.
The Bench of Justice JB Pardiwala and Justice R Mahadevan said it was ‘shocked’ by the findings recorded in paragraph 12 of a recent order passed by Justice Prashant Kumar.
The judge went to the extent of stating that asking the complainant to pursue civil remedy would be very unreasonable as civil suits take a long time, and therefore, the complainant may be permitted to institute criminal proceedings for recovery, observed the Apex Court.
Noting that it had no hesitation in interfering with the order, even without issuing notice in the matter, the top court of the country directed the Allahabad High Court Chief Justice to assign the matter to any other judge and immediately withdraw the present determination of Justice Kumar.