The Supreme Court (SC) has recalled its August 4th order that effectively removed an Allahabad High Court judge, Justice Prashant Kumar, from hearing criminal cases. This decision, made on August 8, 2025, followed a letter from Chief Justice of India (CJI) B.R. Gavai requesting the SC bench to reconsider its directives.
The initial order by a bench of Justices J.B. Pardiwala and R. Mahadevan, was prompted by their concerns regarding an order passed by Justice Kumar. The Supreme Court had criticized Justice Kumar for allowing criminal prosecution in a case that they viewed as essentially a civil dispute. Specifically, Justice Kumar had refused to quash a criminal complaint, stating that the availability of a civil remedy for money recovery was not a sufficient ground to quash the complaint. The Supreme Court bench had described Justice Kumar's order as "absurd" and "one of the worst" they had ever encountered.
In its August 4 order, the Supreme Court directed the Chief Justice of the Allahabad High Court to immediately withdraw the criminal determination from Justice Kumar. It further directed that Justice Kumar be assigned to sit in a division bench with a seasoned senior judge of the High Court and that he should not be assigned any criminal determination until he leaves office. The Supreme Court also sent a copy of the order to the Chief Justice of the Allahabad High Court.
This initial order led to disquiet within the legal community, with many viewing the SC's actions as an overreach that encroached upon the authority of the High Court Chief Justice, who is traditionally the "master of the roster" and responsible for assigning cases to judges. Concerns were raised that the Supreme Court should not have withdrawn work from a High Court judge based on a differing legal viewpoint. Several judges of the Allahabad High Court sought a full court reference to discuss the Supreme Court's observations and directions against their colleague.
In response to the CJI's letter, the Supreme Court bench agreed to reconsider its earlier directives. On August 8, 2025, the bench recalled paragraphs 25 and 26 from its August 4 order, which contained the directions to remove Justice Kumar from criminal cases. The bench clarified that its intention was not to cause embarrassment or cast aspersions on Justice Kumar. They stated that the directions were initially issued to ensure the dignity of the judiciary was upheld. The Supreme Court acknowledged the High Court Chief Justice's authority over the roster and stated that their directions were not intended to interfere with the Chief Justice's administrative powers. The bench emphasized that the High Courts are integral to the judicial system and not separate entities.
While recalling its earlier order, the Supreme Court maintained that the original High Court order was "perverse" and "illegal," expressing serious concern over its reasoning. The bench left it to the Chief Justice of the Allahabad High Court to look into the matter.
The Allahabad High Court Bar Association welcomed the Supreme Court's decision to withdraw its remarks against Justice Kumar. The President of the Bar Association, Anil Tiwari, stated that the Supreme Court realized it had made a wrong order and that withdrawing it was a positive step.
