The Supreme Court removed two paragraphs from its 4 August order, all the judges of Allahabad HC wrote a letter to the Chief Justice

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Image source: ani
Supreme Court and Allahabad High Court. File photo

New Delhi: The Supreme Court has removed two paragraphs from its 4 August order. The bench of Justice Pardiwala withdrew his order to keep Justice Prashant Kumar of Allahabad High Court Prashant Kumar separate from the hearing of criminal cases. The court clarified that their intention was not to intervene in the administrative rights of the Chief Justice of the Allahabad High Court. The Supreme Court sent the case back to the Allahabad High Court.

Justice Pardiwala said this

Justice Pardiwala said that his aim was to embarrass the concerned judge or not to make personal comments on him. He said that whenever good decisions of a judge are revealed, he has appreciated him. The High Court is not a separate unit that can be kept separate; Maintaining the dignity of the judiciary is the highest goal. He said that those seeking justice are expected to meet according to the law, and whenever a case affects the “Rule of Law”, the Supreme Court is obliged to take corrective steps.

All the judges of the High Court wrote a letter to the Chief Justice of the High Court

Earlier, 13 current judges of Allahabad High Court wrote a letter to the Chief Justice of the High Court, in which the Supreme Court appealed not to implement the August 4 order. This is the same order under which the right to hear criminal cases was taken away from a judge.

What was said in the letter?

All 13 judges of the High Court have demanded that a full court meeting of the High Court be called. It should be discussed whether it is necessary to implement the instructions of the Supreme Court or not. Judges believe that this order is a matter of constitutional values and freedom of the High Court.

What was the order of the Supreme Court?

On August 4, the Supreme Court expressed displeasure over the functioning of the High Court judge. Questions were raised on how to grant bail in a criminal case. A few days before this, the Supreme Court expressed displeasure with the Judge of the Allahabad High Court to allow criminal action in a civil case.

A bench of Justice JB Pardiwala and Justice R. Mahadevan directed a judge of the Allahabad High Court not to hand over criminal cases in an unprecedented order on August 4, as he had retained the summons of criminal nature “accidentally” in a civil dispute. The same bench reacted strongly to the High Court’s decision in another case. The bench said, “Allahabad High Court has another order from which we are disappointed.

Justice Pardiwala said this in the order

In the order of August 6, Justice Pardiwala said, “It is very important to consider the subject matter first. After that the court should look into the relevant issue. Finally, the court should consider the plaintiff’s argument and then implement the true principles of the law.” The court said that the High Court order is legally flawed and indicate neglect towards established jurisprudence.

(With ani input)

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