Allahabad High Court Reshuffles Roster Amid Supreme Court Controversy Involving Justice Prashant Kumar
By Rajesh Pandey
Allahabad– In a significant development following weeks of judicial drama, the Allahabad High Court on Monday announced a change in its case roster, placing Justice Prashant Kumar—recently at the centre of a Supreme Court controversy—on a division bench headed by senior judge Justice Arindam Sinha. The revised roster took effect immediately.
The reshuffle comes in the wake of the Supreme Court’s August 4 order, which included paragraph 24 directing the Chief Justice of the Allahabad High Court to “immediately withdraw the present criminal determination” from Justice Kumar.
While the apex court later removed certain critical remarks and specific prohibitions, paragraph 24 remained untouched, effectively leaving the final decision in the hands of the Chief Justice of the High Court.
From Strong Criticism to Partial Retraction
The controversy began when the Supreme Court, while hearing a special leave petition, took issue with Justice Kumar’s reasoning in a case. The bench expressed astonishment at his conclusion that civil disputes could be pursued through criminal prosecution simply because civil suits “take years to conclude.”
In its August 4 order, the Supreme Court not only criticized Justice Kumar’s approach but also directed that he should not be assigned any criminal matters until his retirement. This sparked an unprecedented backlash within the judiciary.
Soon after, at least 13 judges of the Allahabad High Court signed a letter—authored by Justice Arindam Sinha—urging Chief Justice Arun Bhansali to convene a full court meeting and openly defy the Supreme Court’s directive.
Supreme Court’s Clarification
Responding to the growing discontent, Chief Justice of India BR Gavai requested the matter be re-listed for reconsideration. On August 8, the same Supreme Court bench clarified that it had no intention of “causing embarrassment or casting aspersions” on Justice Kumar, and emphasised that the judiciary must protect its institutional dignity.
The court then deleted paragraphs 25 and 26 of its August 4 order, which had contained the directions barring Justice Kumar from handling criminal cases, but pointedly left paragraph 24 unchanged—allowing the Chief Justice of the Allahabad High Court to decide on its application.
The New Roster
Under the updated roster, Justice Arindam Sinha will now preside over a division bench with Justice Prashant Kumar as a companion judge. The bench will hear:
- Civil matters relating to family court appeals
- Cases under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007
- Writ C matters, except those explicitly assigned elsewhere
The decision to have Justice Sinha—author of the letter defending Justice Kumar—sit with him on the bench adds an intriguing dimension to the reshuffle, potentially signaling an internal assertion of judicial autonomy within the Allahabad High Court.
This episode has not only highlighted tensions between the Supreme Court and one of the country’s largest high courts but has also raised broader questions about the balance between judicial accountability and independence.
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