SC: No automatic vacation of stay orders of lower courts

New Delhi, February 29

In a significant judgement, the Supreme Court (SC) on Thursday held that there cannot be an automatic vacation of stay orders granted by a lower court or high court in civil and criminal cases after six months. A five-judge Constitution Bench, headed by Chief Justice DY Chandrachud, also ruled that the constitutional courts — the Supreme Court and high courts — should ordinarily refrain from fixing a time schedule for disposal of cases by courts below. “The superior courts may issue directions for the timeout disposal of cases only in exceptional circumstances. The issue of prioritising the disposal of cases should be best left to the discretion of the concerned courts where the cases are pending,” held the Bench, which also comprised Justices AS Oka, J B Pardiwala, Pankaj Mithal and Manoj Misra.

Justice Oka and Justice Misra pronounced two separate but concurring judgements in the case. The top court set aside its 2018 judgement in the Asian Resurfacing of Road Agency P Ltd Director Vs CBI case in which a three-judge Bench had held that the interim order of stay granted by courts, including high courts, will stand vacated automatically unless specifically extended.

Consequently, no trial or proceedings can remain stayed after six months. However, the top court had later clarified that the judgement would not be applicable if the stay order was passed by it.

The verdict said the nature of pendency of various types of cases in every court, including high courts, is different and can be assessed by the concerned court only.

“Th issue of giving priority to certain cases should be best left to the concerned courts,” Justice Oka said. — PTI

2018 ruling set aside

The top court has set aside its 2018 judgement in which a three-judge Bench had held that the interim order of stay granted by courts, including high courts, will stand vacated automatically after 6 months.

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