Criticism of order castigating HC judge spurs SC to re-hear case it had disposed of
CJI B R Gavai and most senior judges had immediately taken cognisance of the issue and expressed serious reservation over the tone and tenor of the Aug 4 order of Justices J B Pardiwala and R Mahadevan against the HC judge as also the apparent violation of SC's consistent ruling that an HC chief justice is the master of the roster with exclusive and non-justiciable powers to constitute benches as well as allot work to judges.
The CJI, after discussing the issue with his colleagues, had met Justice Pardiwala and convinced him that the order required rectification as far as the diatribe against the HC judge and de-rostering him were concerned.
Sources said that after discussion with the CJI, Justice Pardiwala, who would be CJI for two years and three months from May 3, 2028, directed the registry to re-list the case 'Sikhar Chemicals vs Uttar Pradesh' for hearing.
The case was disposed of on Aug 4 and the SC website does not specify why the matter is re-listed for hearing on Friday.
On Aug 4, Justices Pardiwala and Mahadevan had ordered the Allahabad HC chief justice to "immediately withdraw the present criminal determination from the judge concerned" and "make the judge sit in a division bench with a seasoned senior judge". It also said, "We further direct that the judge concerned shall not be assigned any criminal determination, till he demits office." Coming down hard on the judge , the bench had said, "The judge concerned has not only cut a sorry figure for himself but has made a mockery of justice.
We are at our wits' end to understand what is wrong with the Indian judiciary at the level of HC."
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