Did not want to cause embarrassment to Allahabad High Court judge: Supreme Court

The Supreme Court on Friday said that its instruction to Allahabad High Court Chief Justice for withdrawing criminal roster from Justice Prashant Kumar was not aimed at causing any embarrassment to him or casting any aspersions against him.

However, the Bench of Justice JB Pardiwala and Justice R Mahadevan also said that when matters cross a threshold and the dignity of judiciary is in peril, it becomes the constitutional responsibility of the top court to intervene.

The Court further said that it also records its appreciation for the judges whenever it comes across "legally unimpeachable order and orders that have ensured complete justice to the litigant".

"The High Courts are not separate islands that can be disassociated from this institution. Whatever we said in our order was to ensure that the dignity and authority of the judiciary is held high.... It is not just a matter of error or mistake committed by the judge concerned in appreciating the legal points or facts. We were concerned about the appropriate direction to be issued in the interest of justice and with a view to protect the honour and dignity of the institution," Justice Pardiwala said.

These observations were made in the order recalling its previous directions against Justice Kumar.

In a drastic direction issued on August 4, the Supreme Court bench had urged the High Court Chief Justice to strip Justice Kumar of criminal roster till his retirement and make him sit in a Division Bench with a seasoned senior judge of the High Court.

This was after the Court had criticized Justice Kumar for his verdict that criminal prosecution could be used as an alternative means to recover money in civil disputes.

However, the top court's scathing remarks against the High Court judge came under a lot of criticism, even within the Supreme Court.

Further, at least 13 judges of the Allahabad High Court on Thursday wrote to Chief Justice Arun Bhansali urging him to defy the Supreme Court's direction and also sought a full court meeting to discuss the matter.

Following a request from the Chief Justice of India, the direction for roster change and remarks against Justice Kumar were deleted today.

However, while agreeing to recall its direction against Justice Kumar, the top court also said that it hopes not to come across such "perverse and unjust orders" from any High Court in the future.

"The endeavor of the High Court should always be to uphold the rule of law and maintain institutional credibility. If the rule of law is not maintained or protected within the court itself, then that would be the end of the entire justice delivery system in the country. Judges at any level are expected to work efficiently, discharge their duties diligently, always try and endeavor to fulfill that constitutional goal," it added.

The Court further said that for 90 percent of the public, High Court is the final court of justice.

"The litigants who come to court expect the justice delivery system to function in accordance with law and not to obtain absurd or irrational orders," it remarked.

Meanwhile, the Court also clarified that its directions were absolutely not meant to interfere with the administrative power of the High Court Chief Justice.

However, the Court also said,

"When matters raise institutional concerns affecting the rule of law, this Court will be compelled to step in and take corrective status,"

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