SC Withdraws Harsh Remarks, Cites ‘No Intent to Embarrass’

In a rare step, the Supreme Court on Friday withdrew its critical remarks against Allahabad High Court judge Justice Prashant Kumar, clarifying that it had no intention to embarrass or cast aspersions on him over his handling of a case.

A bench of Justice J B Pardiwala and Justice R Mahadevan said the earlier observations—criticising Justice Kumar for allowing criminal proceedings in what was essentially a civil dispute—were made in the broader interest of upholding judicial dignity, not to target the judge personally.

The decision came after Chief Justice of India B R Gavai requested the bench to reconsider its August 4 order. Respecting the principle that the High Court Chief Justice is the ‘master of the roster’, the apex court left it to the Allahabad High Court’s leadership to decide Justice Kumar’s judicial assignments.

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On August 4, in an unprecedented move, the same SC bench had stripped Justice Kumar of all criminal cases “till he demits office”, after finding fault with his decision to uphold summons in a civil dispute. The court also directed that he be assigned to a division bench with a senior judge until his retirement.

The order sparked unease within the Allahabad High Court. Justice Arindam Sinha wrote to Chief Justice Arun Bhansali, urging a full court meeting to discuss the matter. The letter, signed by seven judges, expressed concern over the apex court’s intervention in roster allocation—a domain traditionally reserved for the High Court’s chief justice.

With Friday’s withdrawal of critical remarks, the Supreme Court appears to have taken a conciliatory step, while still leaving open the question of roster assignments for Justice Kumar.

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