SC Deletes Observation Criticising Allahabad Judge Over Civil Dispute Case Proceedings

The Supreme Court on Friday deleted its observation in which it criticised Allahabad High Court judge Prashant Kumar for allowing criminal proceedings in a civil dispute case, making it clear that its intention was not embarrass or cast aspersions on him.

What Did Supreme Court Say?

A bench of Justice J B Pardiwala and R Mahadevan reiterated that the observations were made to ensure that the dignity of the judiciary is maintained.

The top court said it was deleting the observations after a request was made by Chief Justice B R 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.

In its order, the top 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. 

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 apex court order passed on August 4 and seven judges have signed the letter.