High Court Justice Prashant Kumar instructed to serve on Division Bench following Supreme Court mandate
Supreme Court U-turn on Justice Prashant Kumar: A Roster Change in Allahabad High Court
The controversy surrounding Justice Prashant Kumar of the Allahabad High Court has taken a new turn, following a series of orders from the Supreme Court.
The Supreme Court's August 4 order, which barred Justice Kumar from hearing any criminal cases for the remainder of his tenure, was a harsh disciplinary measure. The Court criticised his earlier rulings as "one of the worst and most erroneous orders" and questioned his competence in criminal matters. In response, the Supreme Court directed that he be assigned to sit with a seasoned senior judge on a division bench to learn "the nuances of law".
However, the order faced significant backlash within judicial circles. A letter from 13 Allahabad High Court judges urged their Chief Justice Arun Bhansali to resist the Supreme Court’s directive and call a full court meeting. As a result, the Supreme Court reconsidered its decision. Following a request from the Chief Justice of India Bhushan R Gavai, the Supreme Court deleted the controversial paragraphs 25 and 26 of the August 4 order, effectively withdrawing the ban on Justice Kumar hearing criminal cases.
On August 11, the Allahabad High Court implemented a roster change. Justice Prashant Kumar was assigned to sit in a division bench along with Justice Arindam Sinha. This change aligns partially with the Supreme Court’s earlier intent but without the explicit punitive ban.
The Supreme Court's August 8 order did not specify any new directions regarding the assignment of criminal matters to Justice Prashant Kumar. It also did not clarify whether it stands by its earlier criticism of Justice Prashant Kumar's reasoning in the May order. The Court reiterated that the Chief Justice of the High Court is the master of the roster and that its directions were not meant to interfere with that administrative power.
The Court's August 4 order was passed while allowing a special leave petition filed by M/S Shikhar Chemicals challenging a May 2025 order by Justice Prashant Kumar. The Court remanded the matter for reconsideration by a different judge. The direction for the removal of criminal law work from Justice Prashant Kumar until his retirement drew criticism from within both the Supreme Court and the Allahabad High Court.
The top court last week re-listed the matter to reconsider the directions, at the request of Chief Justice of India BR Gavai. The Court's August 8 order did not mention any further reconsideration of the directions regarding Justice Prashant Kumar by the Chief Justice of India.
The Supreme Court strongly criticized Justice Prashant Kumar's reasoning in the May order, expressing shock at his conclusion that civil disputes could be pursued through criminal prosecution because civil suits "take years to conclude". The Court reaffirmed that the judiciary must protect its institutional dignity and reiterated that it may step in when matters raise institutional concerns affecting the rule of law.
In summary, the Supreme Court’s initial harsh disciplinary order against Justice Kumar was rolled back after internal judicial pushback and intervention by the CJI. Justice Kumar remains on criminal cases but now sits in a division bench as a measure of judicial oversight and collegial review. The situation remains tense, with the High Court judges asserting that the Supreme Court overstepped its administrative authority over High Courts.
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