Seek opinion before interpreting stay vacation verdict: HC to civil judges

Saurabh Malik

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Chandigarh, March 29

In a significant judgment liable to change the way judicial officers across Punjab, Haryana and Chandigarh interpret a Supreme Court judgment on automatic vacation of stay, the Punjab and Haryana High Court today directed all civil judges and judicial magistrates to seek the opinion of their District and Sessions Judges.

“All civil judges/judicial magistrates in the states of Punjab, Haryana and UT, Chandigarh, before interpreting the direction in Asian Resurfacing case will seek the opinion of their respective District and Sessions Judges, being the administrative judges of the districts,” Justice Arvind Singh Sangwan asserted.

The direction came after Justice Sangwan noticed a “disturbing fact” that a number of contempt petitions were filed against the serving young judicial officers, majority from Punjab, who were “daring to interpret the order in Asian Resurfacing case as per their convenience”.

Justice Sangwan made it clear that the District and Sessions Judge would give their opinion within three weeks of receiving such matters regarding interpretation of the order passed by the High Court. The Director, Judicial Academy, Chandigarh, was also asked to hold an online seminar for all civil judges/judicial officers in the two states and the UT on the interpretation of the Asian Resurfacing case.

The HC Registrar-General was also directed to circulate the order to all District and Sessions Judges in Punjab, Haryana and Chandigarh. Justice Sangwan was hearing a contempt of court petition alleging the violation of order dated March 10, 2014, vide which it was directed that the execution of impugned decree would remain stayed “in the meantime”. The direction came as the HC adjourned the appeal to August 29, 2014. The matter was revolving around the sale deed of a property.

Justice Sangwan asserted the case was simply adjourned on the request of either of the parties for six years. The judicial officer, represented by advocate Vikas Chatrath, stated that the judgment was interpreted to hold that he could proceed further with the execution proceedings, if the stay had not been extended beyond six months, and rather for about five years.

Dismissing the contempt plea, Justice Sangwan asserted wilful disobedience on judicial officer’s part was not made out. Referring to judgments on the issue by other high courts, Justice Sangwan added the interpretation was that “the same relates to stay of trial and not executing proceedings”.

Seminar for judicial officers

• The Director, Judicial Academy, Chandigarh, is directed to hold an online seminar of all civil judges/judicial officers in Punjab, Haryana and Chandigarh with regard to interpretation of the Asian Resurfacing case
• The HC Registrar-General was also directed to circulate the order to all District and Sessions Judges in both states and the UT

Asian Resurfacing vs CBI case

The Supreme Court in ‘Asian Resurfacing of Road Agency Private Limited and Another versus Central Bureau of Investigation’ had ruled that the stay granted by a court in all civil and criminal cases would automatically expire at the end of six months from the date of order, unless the stay was extended in an exceptional case by a speaking order.