In a significant decision, the Supreme Court of India has overturned the 2018 judgment regarding the automatic vacation of stay orders granted by lower courts or high courts after six months in civil and criminal cases. The ruling, delivered by a five-judge Constitution Bench led by Chief Justice D Y Chandrachud on Thursday, emphasizes that timelines for case disposal can only be established in exceptional circumstances.
Two separate but concurring judgments were pronounced by the bench. Justice A S Oka, in his judgment, emphasized that constitutional courts should refrain from setting timelines for case disposal, as grassroots issues are best understood by the concerned courts. He asserted that such orders should be passed only in exceptional circumstances, adding, “There cannot be an automatic vacation of stay.” Justice Oka authored the judgment, which was endorsed by the Chief Justice and justices J B Pardiwala and Manoj Misra.
Justice Pankaj Mithal also delivered a separate but concurring judgment in the case.
The Supreme Court had reserved its judgment in the case on December 13, 2023, after hearing arguments from senior advocate Rakesh Dwivedi, representing the High Court Bar Association of Allahabad, Solicitor General Tushar Mehta, and other lawyers.
Previously, on December 1 of the previous year, the Supreme Court had referred its 2018 judgment for reconsideration to a five-judge bench. The earlier judgment had stated that stay orders granted by lower courts or high courts in civil and criminal cases would automatically expire after six months unless specifically extended.
The 2018 verdict, issued in the case of Asian Resurfacing of Road Agency P Ltd Director Vs CBI, had mandated that no trial or proceedings could remain stayed after six months unless expressly extended. However, the Supreme Court clarified that this judgment would not apply if the stay order was issued by the Supreme Court itself.
