Supreme Court rules against automatic vacation of stay orders of trial courts after six months
Patanjali pulled up by the SC: Truth matters in advertising "The constitutional courts should not lay down a timeline to decide cases since grassroots issues are known to concerned courts only and such orders can be passed in exceptional circumstances only," said Justice A S Oka. "There cannot be an automatic vacation of stay," said Justice Oka, who wrote the judgment for himself, the CJI, and justices J B Pardiwala and Manoj Misra.
Justice Pankaj Mithal wrote a separate but concurring judgment in the case. The top court had on December 13, 2023, reserved its judgment in the case after hearing senior advocate Rakesh Dwivedi, who appeared for the High Court Bar Association of Allahabad, Solicitor General Tushar Mehta, and other lawyers on the issue.
The top court had on December 1 last year referred to a five-judge bench its 2018 judgment for reconsideration. The previous judgment said the stay granted by a lower court or high court in civil and criminal cases will automatically expire after six months unless extended specifically.
In its 2018 verdict in the case of Asian Resurfacing of Road Agency P Ltd Director Vs CBI, a three-judge bench had held that the interim order of stay granted by courts, including high courts, will stand vacated automatically unless they are specifically extended. Consequently, no trial or proceedings can remain stayed after six months.
However, the top court later clarified that the judgment would not be applicable if the stay order was passed by it. (PTI inputs)Milestone Alert!
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