NATIONAL: High Court Judges Defy Supreme Court’s Judicial Rebuke
Tensions Over Supreme Court Directive
A recent Supreme Court order dated August 4, 2025, barring Allahabad High Court Judge Justice Prashant Kumar from handling criminal cases has sparked significant controversy. Thirteen Allahabad High Court judges have formally opposed the directive, urging Chief Justice Arun Bhansali to convene a Full Court meeting to challenge its implementation.
Grounds for Opposition
The dissenting judges, led by Justice Arindam Sinha, argue that the Supreme Court lacks administrative authority over High Courts under the Constitution. In a letter to the Chief Justice, they contend that paragraphs 24 and 26 of the Supreme Court’s order, which restrict Justice Kumar’s criminal jurisdiction, should not be enforced.
Context of the Supreme Court’s Ruling
The Supreme Court’s directive stemmed from Justice Kumar’s ruling in a case allowing criminal proceedings in a civil dispute, deemed a “mockery of justice” by Justices J.B. Pardiwala and R. Mahadevan. The apex court ordered Kumar to be reassigned to a division bench with a senior judge and stripped of criminal case assignments until retirement.
Additional Judicial Controversy
The Supreme Court also addressed concerns involving Allahabad High Court Judge Justice Yashwant Varma, dismissing his objections to an internal committee’s findings of misconduct related to cash found at his residence. The bench, comprising Justices Dipankar Dutta and A.G. Masih, upheld the inquiry’s recommendations, affirming procedural compliance.
Call for Full Court Deliberation
The letter from the 13 judges expresses dismay at the Supreme Court’s tone and seeks a Full Court resolution to nullify the contested directives. This unprecedented pushback highlights a rare judicial rift, raising questions about the balance of authority between India’s apex and high courts.
Implications for Judicial Hierarchy
The standoff underscores ongoing debates about the misuse of criminal law in civil disputes, a concern previously flagged by former CJI Sanjiv Khanna. The Allahabad High Court’s response could set a precedent for how high courts navigate Supreme Court oversight.