Supreme Court recalls order restraining Allahabad High Court judge from hearing criminal cases

Having passed an unprecedented order restraining Justice Prashant Kumar of the Allahabad High Court from hearing criminal cases "till he demits office" and directing that he should be made to sit with a seasoned senior judge, the Supreme Court on Friday recalled its August 4 controversial order.

A Bench of Justices JB Pardiwala and R Mahadevan reheard the matter and recalled the controversial directions after it received a letter from Chief Justice of India BR Gavai requesting it to reconsider the said directions and strong strictures against Justice Kumar.

"Since a request has been made by the CJI we hereby delete para 25 and 26 from our 4th August order. While we delete it, we leave it to the Chief Justice of the High Court to now look into the matter. We fully acknowledge that the Chief Justice of the High Court is the master of the roster,” Justice Pardiwala said, pronouncing the order.

However, it said, “When matters affect the rule of law this court will be compelled to take corrective steps." The impugned order was "perverse" and "illegal", it added.

Maintaining that high courts were not separate islands that could be disassociated from the Supreme Court, the Bench reiterated, “Whatever we said in our (August 4, 2025) order was to ensure that the dignity and the authority of the judiciary as a whole is maintained high in the minds of the people of this country. It is not just a matter of error or mistake…To appreciate legal points we were concerned about the appropriate directions with a view to protect the honour of the institution.”

At the outset, the Bench clarified, “Our intention was not to cause embarrassment or cast aspersions on the judge concerned. We would not even think of doing so. However, when the matters cross a threshold and the dignity of the institution is imperilled, it becomes the constitutional responsibility of this court (SC) to intervene even when acting under its appellate jurisdiction under Article 136 of the Constitution."

Taking note of repeated “erroneous orders” passed by Justice Prashant Kumar of the Allahabad High Court, the Supreme Court had on August 4 restrained him from hearing criminal cases "till he demits office" after he wrongly upheld summons of criminal nature issued by a trial court in a civil dispute.

“We request the Hon’ble Chief Justice of the High Court of Allahabad to assign this matter to any other Judge of the High Court as he may deem fit…We further direct that the concerned judge shall not be assigned any criminal determination, till he demits office. If at all at some point of time, he is to be made to sit as a single judge, he shall not be assigned any criminal determination,” the Bench had said.

“The judge concerned has not only cut a sorry figure for himself but has made a mockery of justice. We are at our wits’ end” to understand what is wrong with the Indian judiciary at the level of the High Court. At times we are left wondering whether such orders are passed on some extraneous considerations or it is sheer ignorance of law. Whatever it (may) be, passing of such absurd and erroneous orders is something unpardonable,” the Bench had noted in its August 4 order.

The unusual turn of events followed a letter written by CJI Gavai to the Bench of Justice Pardiwala and Justice Mahadevan to reconsider the August 4 unprecedented order. A group of 13 judges of the Allahabad High Court had also written to Chief Justice Arun Bhansali demanding a Full Court meeting in response to the top court's order dated August 4.

"The Full Court resolves that directions made in paragraphs 24 to 26 in subject order dated 4th August, 2025 is not to be complied with as the Supreme Court does not have administrative superintendence over the High Courts. Furthermore, the Full Court records its anguish in respect of tone and tenor of said order,” the high court judges wanted the Full Court to declare.