The Supreme Court removed paragraphs from its August 4 order that discussed removing a judge of the Allahabad High Court from criminal cases. This decision followed a letter written by 13 judges of the High Court to the Chief Justice.
Allahabad High Court: A significant case concerning independence and balance within the country's judicial system has emerged. The Supreme Court has removed two paragraphs from its order dated August 4, which directed the removal of Justice Prashant Kumar of the Allahabad High Court from hearing criminal cases. This alteration comes after a letter was written to the Chief Justice by 13 judges of the Allahabad High Court.
What was the Supreme Court's order?
On August 4, two judges of the Supreme Court—Justices J.B. Pardiwala and R. Mahadevan—in an unprecedented order, stated that Justice Prashant Kumar would no longer hear criminal cases. The reason given was that he had 'mistakenly' allowed criminal proceedings in a civil matter. Previously, the Supreme Court had also raised questions about his process for granting bail. According to the order, Justice Prashant Kumar was to be kept away from hearing criminal matters until his retirement.
Collective Letter from Allahabad High Court Judges
This order sparked a wave of disagreement within the High Court. Thirteen current judges of the Allahabad High Court wrote a letter to the Chief Justice, appealing for the Supreme Court's order not to be implemented. They argued that the order was not only against constitutional values but also detrimental to the independence of the High Court.
The letter also stated that a 'Full Court Meeting' (a meeting of all judges) should be called immediately to consider the issue, in order to determine whether the Supreme Court's directive needed to be implemented.
Serious Questions on Judicial Independence
This entire dispute has raised a major question: Does the Supreme Court have the authority to decide which cases a High Court judge should hear? According to the Constitution, the authority to assign types of cases to High Court judges rests solely with the Chief Justice of the High Court.
The judges believe that if the Supreme Court interferes directly in this manner, it could jeopardize judicial independence. The impact would not only be on one judge but on the entire judicial system.
Why did the Supreme Court remove paragraphs from its order?
In light of growing opposition and constitutional debate, the Supreme Court amended its own order and removed the two paragraphs that discussed removing Justice Prashant Kumar from the criminal roster. This step is seen as an important correction towards maintaining judicial balance.
Justice Pardiwala's Comment
In another order issued on August 6, Justice Pardiwala stated:
'Before delivering any judgment, the court should first understand the depth of the subject. Then, it should pay attention to the legal issues involved and the arguments of the parties. Finally, it should apply the correct legal principles.'
He termed the Allahabad High Court's order legally flawed and said that it 'ignores jurisprudence.'
Impact of the Entire Matter
This was not just a matter of removing a judge, but it became an issue of constitutional balance and defining the limits of institutions. The Supreme Court's alteration of its order shows that constitutional institutions are capable of self-correction, and maintaining judicial independence is their primary duty.
