'Intention was not to cast aspersion': SC on its order rapping HC judge; deletes observations from order

NEW DELHI: The Supreme Court on Friday removed two contentious paragraphs from its 4 August order that had directed the Chief Justice of the Allahabad high court to bar Justice Prashant Kumar from hearing criminal matters until retirement. The decision followed a letter from Chief Justice of India BR Gavai to Justice JB Pardiwala urging reconsideration of remarks seen as demeaning to the high court judge.

Reading out a prepared order, the bench of Justices Pardiwala and R Mahadevan said its intention was neither to “cast aspersion or embarrass” the high court judge nor to interfere with the Chief Justice’s exclusive authority over case allocation.


"Fully acknowledge that CJ of HC is master of roster, we leave it to him to take call in matter," the bench said, as quoted by news agency PTI.

The original order, issued during a hearing on a commercial dispute, had described Justice Kumar’s reasoning as “untenable” after he allowed criminal proceedings as an alternative to civil recovery. It went further, directing his removal from the criminal roster and pairing him with a senior judge — a move that triggered protests from seven Allahabad high court judges, who wrote to Chief Justice Arun Bhansali seeking a full court meeting.

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