Sunday, Apr 21 2024 | Time 04:07 Hrs(IST)
image
India


SC overturns 2018 judgement on automatic vacation of stay orders passed by HCs

SC overturns 2018 judgement on automatic vacation of stay orders passed by HCs

New Delhi, Feb 29 (UNI) A five-Judge Constitution bench headed by Chief Justice of India D Y Chandrachud on Thursday reversed its own 2018 judgement that had ordered automatic vacation of stay orders passed by High Courts on expiry of 6 months if no hearing took place in that period.

Supreme Court’s judgement of 2018 was to deter parties from enjoying stay indefinitely.

A bench comprising CJI, Justice A S Oka, Justice J B Pardiwala, Justice P Mithal and Justice Manoj Misra said that the 'constitutional courts shouldn't fix the outer limit of disposal of cases for courts.'
The bench said the 'SC should not have directed automatic vacation of stays by High Courts on expiry of 6 months unless extended by the court itself.'
Justice Manoj Misra's concurring opinion: it is in the interest of justice to ensure that once a reasoned stay order is granted in a civil or criminal proceeding and if not specified to be time bound is there till the disposal of the case in the main matter or an application is moved for its vacation and a speaking order is passed adhering to the principles of natural justice.
'The pattern of cases pending in various courts including High Courts is different." Justice Misra in a separate judgment said.

The situation at the grassroots level courts is best known to the concerned courts and it is better left to those courts to decide which case should get priority for disposal. "Only the concerned courts to decide the urgency, "the bench said.

During the hearings, arguments were mainly focused on the delay in court proceedings, the constitutional implications of automatic stay vacations, and the potential undermining of the High Courts’ autonomy.

Solicitor General Tushar Mehta and Senior advocates argued against the automatic vacation of stay orders, emphasizing the need for judicial discretion and cautioning against a one-size-fits-all approach.

The discussions in the courtroom also touched on the balance between speedy trials and the rights of the accused, the role of judicial discretion in the adjudicatory process, and the importance of specific, thoughtful legislation in setting timeframes for legal proceedings.
The matter pertains to an appeal filed in The Supreme Court against an Allahabad High Court order against the ‘automatic stay vacation rule passed by the 3-judge bench of the Apex Court in 2018.
A three-judge Bench comprising Chief Justice (Allahabad High Court) Justice Pritinker Diwaker (As he then was), Justice Ashwani Kumar Mishra, and Justice Ajay Bhanot, had appealed to the Apex Court to consider the substantial question of law and framed ten questions of law to consider.
UNI SNG CS1516

More News

Indian Navy conducts Exercise Poorvi Lehar on East Coast

20 Apr 2024 | 7:22 PM

New Delhi, Apr 20 (UNI) The Indian Navy conducted Exercise Poorvi Lehar (XPOL) on the East Coast, that witnessed the participation of ships, submarines, aircraft, and special forces.

see more..
India is changing, CJI on enactment of three new criminal laws

India is changing, CJI on enactment of three new criminal laws

20 Apr 2024 | 5:56 PM

New Delhi, Apr 20 (UNI) The enactment of new criminal laws-Bharatiya Nyaya Sanhita, the Bharatiya Nagrik Suraksha Sanhita, and the Bharatiya Sakshya Adhiniyam indicates that India is changing and moving forward, Chief Justice of India (CJI) Dr Justice D Y Chandrachud on Saturday said.

see more..
EPFO adds 7 78 lakh new members in February, 2024 : Govt

EPFO adds 7 78 lakh new members in February, 2024 : Govt

20 Apr 2024 | 5:46 PM

New Delhi, Apr 20 (UNI) The government on Saturday said that around 7.78 lakh new members have joined Employees Provident Fund Organization (EPFO) in the month of February 2024.

see more..
Congress leader Tajinder Singh Bittu joins BJP

Congress leader Tajinder Singh Bittu joins BJP

20 Apr 2024 | 1:25 PM

New Delhi, April 20 (UNI) Hours after quitting from the Congress party, Tajinder Singh Bittu on Saturday joined the BJP at party headquarters in New Delhi.

see more..
image