New Delhi [India], August 8 : The Supreme Court on Friday recalled it's recent order in which it had issued adverse observations against Allahabad High Court judge Justice Prashant Kumar for the latters' decision in having allowed criminal proceedings to continue in a civil money recovery dispute.
In its August 4 order, a bench of Justices J.B. Pardiwala and R. Mahadevan had asked the Chief Justice of the Allahabad High Court to remove Justice Prashant Kumar from the criminal roster -- meaning the judge will not be handling criminal matters until his retirement. The top-court had also directed the High Court Chief Justice to change Justice Kumar's roster and bench him along side a senior judge of the High Court.
However, following the top-court's observation against Justice Kumar, at least thirteen Allahabad High Court judges wrote to the High Court's Chief Justice Arun Bhansali to convene a full-court meeting in defiance of the adverse observations made by the top-court against Justice Kumar.
Subsequently, the Chief Justice of India (CJI) B.R. Gavai wrote to Justice Pardiwala urging the top-court judge to reconsider the said directions against Allahabad HC judge Justice Kumar.
Therefore, the bench led by Justice Pardiwala decided to recall the said order and deleted the two paragraphs in which it had issued adverse directions against Justice Kumar.
The bench while dictating its order today, said "At the outset we must clarify our intention was not to cause embarrassment or aspersions on the concerned judge. However, when matters cross a threshold and the dignity of the institution is in peril it is the responsibility of this court to ensure that its dignity is held high".
The top-court acknowledged that it's is the Chief Justice of the Allahabad High Court who is the master of roaster and that the top-court's directions are not interfering with the administrative powers of the HC.
"We hereby delete the said paras. The order be corrected accordingly. While we are deleting the said directions, we leave it to the Chief Justice of the Allahabad High Court to look into the matter. We fully acknowledge that the Chief Justice of the Allahabad High Court is the Master of the Roster of the High Court. But, as observed above, our directions are not interfering with the administrative power of the High Court.
The Court also referred to a recent Supreme Court order in which a bench comprising of former CJI Sanjiv Khanna and Justice Sanjay Kumar had pulled up UP government for initiating criminal prosecution in civil cases and imposed a cost of Rs 50,000.
The top-court went on the observe that Courts are being flooded with cases of civil wrongs that have been made into criminal wrongs.
"We hope in future no such perverse and unjust orders be issued from any High Court. If the rule of law is not maintained, it will be the end of the entire justice delivery system in the country", the Court added as it closed the case.