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Rare Move? SC Recalls Order To Remove Allahabad HC Justice Prashant Kumar From Hearing Criminal Cases

 The top court has deleted two paragraphs from its August 4 order directing the Chief Justice of the Allahabad HC to remove Justice Prashant Kumar from the Criminal Roster. Reportedly, a bench of Justice JB Pardiwala and Justice R Mahadevan passed the order 

  • - The SC recalled its order that was passed on August 4, which had observed that Allahabad HC judge Justice Prashant Kumar should be removed from the Criminal Roster until his retirement.
  • - The top court has deleted two paragraphs from its August 4 order directing the Chief Justice of the Allahabad HC to remove Justice Prashant Kumar from the Criminal Roster.
  • - A bench of Justice JB Pardiwala and Justice R Mahadevan passed the order.

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Rare Move? SC Recalls Order To Remove Allahabad HC Justice Prashant Kumar From Hearing Criminal CasesSC (Credit: ANI); Justice Prashant Kumar (Allahabad HC website)

In an unusual move, the Supreme Court on Friday reportedly recalled its order that was passed on August 4, which had observed that Allahabad High Court judge Justice Prashant Kumar should be removed from the Criminal Roster until his retirement.  

ANI reported that the top court has deleted two paragraphs from its August 4 order directing the Chief Justice of the Allahabad HC to remove Justice Prashant Kumar from the Criminal Roster. This order meant that the High Court judge would not be handling criminal matters, for his observation that criminal proceedings can be undertaken as an alternative in money recovery disputes.

According to a report by Live Law, a bench of Justice JB Pardiwala and Justice R Mahadevan passed the order while taking exception to an order passed by Justice Prashant Kumar of the HC by which a criminal complaint was refused to be quashed because a civil remedy for recovery of money was not effective.

CJI Writes To SC Bench 

After the order was issued, it drew criticism, prompting Chief Justice of India BR Gavai to reportedly write to Justice Pardiwala’s bench requesting a reconsideration of the action against Justice Prashant Kumar. The matter was then relisted for fresh directions.

Meanwhile, thirteen HC judges also wrote to the Chief Justice of the Allahabad High Court, requesting him not to implement the earlier order of the apex court. 

'No Intention To Cause...': SC

According to reports, while pronouncing the order on Friday, Justice Pardiwala said that the intention of the previous order was not to cause any embarrassment or cast aspersions. 

Notably, the bench withdrew the August 4 directions, but upheld that the HC's original order was "illegal" and "perverse". 

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