In a significant judgement, the Supreme Court 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 D Y 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 A S 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.
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