Supreme Court Reverses Previous Order

The Supreme Court has reversed its earlier decision that barred an Allahabad High Court judge from presiding over criminal cases. This decision follows a request from Chief Justice of India BR Gavai. The court has also removed previous remarks made against Justice Prashant Kumar, stating, “We close this matter.”

Background of the Case

On August 4, Justice Kumar was prohibited from hearing criminal cases until his retirement. This decision was made by a bench comprising Justices JB Pardiwala and R Mahadevan. The bench criticized Justice Kumar for upholding criminal summons in a civil matter, describing his order as one of the “worst and most erroneous.”

Reconsideration by the Supreme Court

The Supreme Court’s bench set aside its judgment after CJI Gavai urged Justice Pardiwala to reconsider the order. The bench acknowledged receiving an undated letter from the CJI requesting a review of their earlier directions. Consequently, the impugned order was set aside, and the matter was remanded for fresh hearing in the Allahabad High Court.

Respecting Judicial Administration

The Supreme Court emphasized its intention not to interfere with the administrative powers of the Chief Justice of the Allahabad High Court. The bench recognized that the Chief Justice is the master of the roster and left further action to Chief Justice Arun Bhansali.

Clarification on Previous Remarks

Justice Pardiwala’s bench clarified that it never intended to embarrass or cast aspersions on Justice Kumar. The bench stated that their remarks aimed to uphold the dignity of the judiciary and ensure that legal points were appropriately addressed.

Implications for Judicial Integrity

The Supreme Court removed paragraphs from its August 4 order that had directed Justice Kumar to sit on a division bench with a senior colleague. The court expressed hope that such orders would not recur, emphasizing the importance of maintaining the rule of law within the judiciary.

Resolution of Business Dispute

The case involved a business dispute where M/S Shikhar Chemicals challenged a high court decision refusing to quash summons ordered by a magisterial court. Lalita Textiles had filed a criminal complaint alleging non-payment of Rs 4.59 lakh in a business transaction.