Justice Prashant Kumar of the Allahabad High Court, who recently faced criticism from the Supreme Court regarding a specific judgment, will now be part of a division bench with a senior judge. This development follows a series of events that began with the Supreme Court's strong disapproval of Justice Kumar's handling of a criminal case.
The Supreme Court's initial order on August 4, 2025, expressed "shock" at Justice Kumar's conclusion that civil disputes could be pursued through criminal prosecution because civil suits "take years to conclude". The Supreme Court bench, led by Justices JB Pardiwala and R Mahadevan, found Justice Kumar's ruling to be one of the "worst and most erroneous" orders they had encountered. They directed the Chief Justice of the Allahabad High Court to immediately withdraw Justice Kumar's criminal jurisdiction and ensure he did not handle criminal matters moving forward. The Supreme Court even questioned whether "extraneous considerations" or "sheer ignorance of law" were behind the ruling.
This directive from the Supreme Court sparked controversy and criticism within both the Supreme Court and the Allahabad High Court. At least 13 High Court judges, including Justice Arindam Sinha, wrote to Chief Justice Arun Bhansali, urging him to convene a full court meeting and not comply with the Supreme Court's directives against Justice Kumar. Concerns were raised that the Supreme Court's actions might have overreached, effectively issuing an administrative directive to a High Court.
Subsequently, the Supreme Court reconsidered its directions and deleted critical remarks against Justice Kumar, including the direction that he be removed from criminal law work until retirement. Justice Pardiwala sought to close the matter, clarifying that there was no intention to cast any aspersions or embarrass the judge, but rather to ensure the rule of law prevailed.
Despite the removal of the explicit ban on handling criminal cases, Justice Kumar's roster has been changed. He will now sit with senior judge Arindam Sinha on a division bench. According to the new roster, the division bench will handle civil matters related to family court appeals, matters pertaining to the Maintenance and Welfare of Parents and Senior Citizens Act of 2007, and certain writ petitions.
The Supreme Court's intervention in this case highlights the supervisory role it plays within the Indian judicial system. Article 141 of the Constitution states that the law declared by the Supreme Court applies to all courts throughout India. The Supreme Court's power to intervene in the working of a High Court judge demonstrates the integrated nature of the Indian judiciary. Some legal experts have framed the Supreme Court's initial order as a form of judicial correction rather than punishment, intended to prevent a recurrence of the problem. By directing Justice Kumar to sit with a senior colleague, the Supreme Court, in effect, dictated a mentorship or supervision program to improve his understanding of criminal law.
