SC recalls order barring Allahabad HC Judge from Criminal Jurisdiction
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New Delhi: In a significant move, the Supreme Court on Friday recalled its order on August 4 that barred Allahabad High Court judge Justice Prashant Kumar from hearing criminal cases until retirement and that he be made to sit on benches with a seasoned senior judge, The Wire reported.
What is termed by Live Law as ‘unusual’ and ‘unprecedented’, the directive from Justice JB Pardiwala and Justice R Mahadevan came as the court took a strong objection to Justice Prashant Kumar’s order in which he refused to quash a criminal complaint on the ground that a civil remedy for recovery of money was not effective.
On August 4, the bench said ‘The judge concerned has not only cut a sorry figure for himself but has made a mockery of justice.’
It is reported citing Live Law that Chief Justice of India B.R. Gavai wrote to the bench after its observations faced criticism, and requested that these strictures be reconsidered; afterwards, the bench issued new orders.
LiveLaw quoted Justice Pardiwala as saying today: ‘Our intention was not to cause embarrassment or cast aspersions on the concerned Judge. However, when the matters cross a threshold and the dignity of the institution becomes in peril, it becomes the constitutional duty of the Court to intervene even in the appellate jurisdiction.’
In a letter to the high court Chief Justice, thirteen judges of the Allahabad high court requested him not to implement the Supreme Court’s directions.
Justice Pardiwala made it clear today that high courts ‘are not separate islands that can be disassociated from the institution,’, adding ‘Whatever we said in our order was to ensure that the dignity of the judiciary is held high. It is not just a matter of error or mistake to appreciate the legal points we were concerned about the appropriate directions in a view to protect the honour of the institution’.
