The recall came after Chief Justice of India B.R. Gavai urged reconsideration and 13 Allahabad HC judges rallied against the order.
BY PC Bureau
New Delhi, August 8: In a rare climbdown, the Supreme Court on Friday recalled its unprecedented August 4 order that had virtually stripped an Allahabad High Court judge of all criminal jurisdiction until retirement and directed he be placed under the supervision of a senior colleague.
The recall came after Chief Justice of India B.R. Gavai personally wrote to the bench of Justices J.B. Pardiwala and R. Mahadevan urging them to reconsider the strictures against Justice Prashant Kumar. The unusual intervention followed mounting criticism from within the judiciary — including a letter by 13 Allahabad High Court judges asking their Chief Justice not to implement the Supreme Court’s directives.
The original August 4 order was triggered by Justice Kumar’s refusal to quash a criminal complaint over a monetary dispute, citing that a civil suit would be ineffective and financially draining for the complainant. Calling the ruling “manifestly perverse,” Justice Pardiwala’s bench had directed that Justice Kumar be removed from handling criminal cases altogether.
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But today, Justice Pardiwala stressed the intention was never to “embarrass” the judge, only to correct a serious error threatening “the dignity of the institution.” He emphasised that the judiciary must maintain credibility: “For 90% of litigants, the High Court is the final court. They expect the justice delivery system to function in accordance with law — not deliver absurd or irrational orders.”
In deference to the CJI’s request, paragraphs 25 and 26 of the earlier order — containing the contentious directions — were deleted. The matter has been left to the Allahabad High Court Chief Justice, whom the Supreme Court reaffirmed as “master of the roster.”
Big win for Allahabad HC | Supreme Court sets aside deroster order for HC Judge Prashant Kumar
Executive Editor – Law and Governance Rhythm Bharadwaj (@Rhythms22) shares more details on the observation of the court and speaks to Allahabad HCBA President Anil Tiwari #EXCLUSIVE pic.twitter.com/EBlaRnKbRh
— Republic (@republic) August 8, 2025
While rolling back the sanctions, the Supreme Court did not soften its critique of Justice Kumar’s ruling, again calling it “perverse” and “illegal.” Justice Pardiwala cited a recent precedent (Rikhab Irani) warning against misuse of criminal law for civil disputes, adding: “We hope we never again have to come across such unjust orders from any High Court.”
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The case stemmed from a complaint by Lalita Textiles alleging non-payment of ₹7.23 lakh for supplied goods. Justice Kumar had allowed the criminal case to proceed, reasoning that civil litigation would take years and could financially cripple the complainant. The Supreme Court overturned that approach and remanded the matter for fresh consideration by another judge.
What began as a stern intervention has ended in a strategic retreat — underscoring both the limits of the Supreme Court’s supervisory authority and the sensitivity of inter-court relations.
