New Delhi: Following a letter from the Chief Justice of India (CJI) B.R. Gavai, a 2-judge Bench of the Supreme Court on Friday modified its earlier order that had directed the Chief Justice of the Allahabad High Court to restrict a judge from presiding over criminal matters.
Initially, the bench of Justices J.B. Pardiwala and R. Mahadevan, in its August 4 order, not only set aside a ruling of the Allahabad High Court but also directed that the judge concerned be removed from handling criminal matters.
Further, it had ordered that if the judge is assigned a single-bench roster, no criminal cases should be allotted to them.
However, these strong directions—contained in paragraphs 25 and 26 of the original order—have now been deleted.
In the revised order, the Justice Pardiwala-led Bench emphasised that while the original instructions stemmed from concerns about repeated erroneous orders, they never intended to “cause embarrassment or cast aspersions on the concerned Judge”.
“When matters cross the threshold and the dignity of the institution is imperilled, it becomes the constitutional responsibility of this Court to intervene,” it said.
The apex court reiterated that whatever was said in the previous order was to ensure that the dignity and authority of the judiciary as a whole is maintained high in the minds of the people of this country.
“The litigants in this country approach different courts of law to seek justice. For 90 per cent of the litigants in this country, the High Court is the final court of justice. Only the remaining 10 per cent can afford to approach the Supreme Court. The litigants who come to court expect the justice delivery system to function in accordance with law, not to obtain absurd or irrational orders.”
In deference to the CJI’s letter, the Justice Pardiwala-led Bench chose to revise its earlier order.
“Since a request has been made in writing by Hon’ble the Chief Justice of India and in due deference to the same, we hereby delete paras 25 and 26 respectively from our order dated 4th August, 2025,” it ordered.
While the controversial directives have been withdrawn, the top court made it clear that the Allahabad High Court’s Chief Justice retains full administrative control over the roster.
“We fully acknowledge that the Chief Justice of a High Court is the master of the roster. [O]ur directions are absolutely not interfering with the administrative power of the Chief Justice of the High Court,” it said.
The Justice Pardiwala-led Bench expressed “hope” that the Supreme Court would not, in the future, be compelled to encounter such perverse and unjust orders from any High Court, further emphasising that the High Courts should always 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,” cautioned the top court.
Disposing of the Special Leave Petition (SLP), the Justice Pardiwala-led Bench ordered the apex court registry to send a copy of the judgment to the Chief Justice of the Allahabad High Court.
(IANS)
