The Supreme Court has reversed its earlier decision that barred Justice Prashant Kumar of the Allahabad High Court from presiding over criminal cases. This change came following objections from fellow judges of the Allahabad High Court and a request from the Chief Justice of India, BR Gavai.
On August 4, a bench of Justices JB Pardiwala and R Mahadevan had taken a strict stance against Justice Prashant Kumar for taking criminal action in a matter relating to a civil dispute. The bench had removed criminal cases from his roster and directed that he should hear cases only alongside senior judges on a division bench.
This move was triggered after Justice Prashant Kumar declined to quash a magistrate’s summons issued against a company accused of failing to pay dues in a business transaction, a decision that displeased other Allahabad High Court judges who felt it infringed on the court’s administrative powers.
Following the Chief Justice of India’s intervention, the Supreme Court bench deleted the relevant paragraphs from its August 4 order and deferred the matter back to the Chief Justice of the Allahabad High Court, reaffirming that roster management is under the High Court’s administrative jurisdiction and emphasizing respect for its autonomy.
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