Today, On 11th August, Allahabad High Court has changed its roster, and Justice Prashant Kumar will now sit on a Division Bench led by Justice Arindam Sinha. This change follows the Supreme Court order issued on August 4.
The Allahabad High Court announced a change in its roster, with Justice Prashant Kumar now set to sit on a Division Bench led by Justice Arindam Sinha.
This adjustment comes in the wake of a controversy surrounding a Supreme Court order issued on August 4.
The Supreme Court’s Bench, comprising Justices JB Pardiwala and R Mahadevan, chose not to remove a significant paragraph from the August 4 order, which directed the Chief Justice of the High Court to “immediately withdraw the present criminal determination from Justice Kumar.”
Initially, the Supreme Court’s order had included critical remarks about Justice Kumar and instructed that he not handle any criminal cases until he retires. This directive faced opposition from both the Supreme Court and the Allahabad High Court.
At least 13 judges from the High Court sent a letter to Chief Justice Arun Bhansali, urging him to hold a full court meeting to contest the Supreme Court’s directives concerning Justice Kumar. Notably, this letter was signed by Justice Sinha, who will now be sitting alongside Justice Kumar.
The August 4 order stemmed from a special leave petition filed by M/S Shikhar Chemicals, which challenged a May 2025 ruling by Justice Kumar that dismissed a petition aimed at quashing criminal proceedings related to a commercial transaction.
While remanding the case for further review by another judge, the Supreme Court strongly criticized Justice Kumar’s rationale, expressing astonishment at his assertion that civil disputes could be addressed through criminal prosecution due to the prolonged nature of civil suits.
Following this controversy, the Supreme Court re-listed the matter last week to reconsider its directives, following a request from Chief Justice of India BR Gavai.
In its August 8 order, the bench clarified that it did not intend to “cause embarrassment or cast aspersions on the concerned judge” and emphasized that the judiciary must uphold its institutional dignity.
The Court stated,
“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 protecting the honour and dignity of the institution,”
Although the Court deleted its earlier directives in paragraphs 25 and 26 of the August 4 order, it reaffirmed the need for judicial intervention when the rule of law is threatened.
The Bench remarked,
“When matters raise institutional concerns affecting the rule of law, this Court may be compelled to step in and take corrective steps,”
The Court also reiterated that the Chief Justice of the High Court holds the authority over the roster, and its directives were not intended to interfere with that administrative power.
Consequently, the matter has been left to the discretion of the Chief Justice of the High Court,
“While we are deleting paras 25 and 26 respectively from our order dated 04th August, 2025, we leave it to the Chief Justice of the Allahabad High Court to look into the matter.”
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