In a landmark decision, the Supreme Court on Friday (August 8, 2025) rescinded its earlier August 4 ruling that had ordered an Allahabad High Court judge to sit with a senior judge and be barred from hearing criminal cases until retirement. After voicing concerns about a ruling by Justice Prashant Kumar that had refused to dismiss a criminal complaint, stating that the existence of a civil remedy for money recovery was insufficient justification for doing so, the bench of Justices J B Pardiwala and R Mahadevan issued the directive.
The recall came after Chief Justice of India B R Gavai, who, in the face of intense criticism of the initial order, ordered the bench to reevaluate the restrictions placed on the High Court judge. For new directions, the case was relisted. In a letter to the Chief Justice of the Allahabad High Court, thirteen High Court judges also urged him to refrain from carrying out the Supreme Court’s previous orders. Justice Pardiwala stated in the new ruling that the judge was not intended to be embarrassed or disparaged.
The bench made it clear that the Supreme Court’s mission was to protect the honour of the judiciary without interfering with the High Court’s administrative authority. It emphasised that rather than existing independently of the legal system, High Courts are an essential part of it. The bench affirmed the Chief Justice’ s jurisdiction over case distribution by declaring: “We hereby delete paragraphs 25 and 26 of our August 4 order and leave it to the Chief Justice of the High Court to take an appropriate view.”
The judges expressed grave concerns about the reasoning behind the initial High Court order, maintaining that it was “perverse” and “illegal” despite rescinding the earlier directives. It stated that such orders cannot be disregarded and erode public trust in the
judiciary.
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