Supreme Court Recalls Order Barring Allahabad HC Judge from Criminal Jurisdiction After CJI’s Request
New Delhi: The Supreme Court today (August 8) recalled its August 4 order barring an Allahabad high court judge from criminal jurisdiction and ordering that he be made to sit on benches with a seasoned senior judge.
Justice J.B. Pardiwala and Justice R. Mahadevan had passed this order that LiveLaw has called “unusual” and “unprecedented”. The apex court took exception to an order by Justice Prashant Kumar of the Allahabad high court in which he said that a criminal complaint could not be quashed on the ground that a civil remedy for the recovery of money was not effective. “The judge concerned has not only cut a sorry figure for himself but has made a mockery of justice,” the bench had said on August 4.
It turns out, now, that Chief Justice of India B.R. Gavai has written to this bench, requesting that these strictures be reconsidered, following which the bench issued new orders.
“Our intention was not to cause embarrassment or cast aspersions on the concerned Judge. However, when the matters cross a threshold and the dignity of the institution becomes in peril, it becomes the constitutional duty of the Court to intervene even in the appellate jurisdiction,” Justice Pardiwala said today, according to LiveLaw.
Thirteen judges of the Allahabad high court had meanwhile written to the high court Chief Justice urging him to not implement the directions of the Supreme Court.
Justice Pardiwala also said today that high courts “are not separate islands that can be disassociated from the institution.”
He added, “Whatever we said in our order was to ensure that the dignity of the judiciary is held high. It is not just a matter of error or mistake to appreciate the legal points we were concerned about the appropriate directions in a view to protect the honour of the institution.”
He then referred to CJI Gavai’s request:
“Since a request has been made by the CJI we hereby delete para 25 and 26 from our 4th August order. While we delete it, we leave it the CJ of the HC to now look into the matter. We fully acknowledge that the CJ of the HC is the master of the roaster. The directions are absolutely not interfering with the administrative power of the CJ of the HC. When matters affect the rule of law this court will be compelled to take corrective steps.”
In today’s order as well, the bench maintained that Justice Kumar’s original order was “perverse” and “illegal,” LiveLaw has reported.
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