Any stay: Valid only for 6 months
#GS2 Judiciary #Laws
Any stay on civil or criminal proceedings is valid for a period of six months, beyond which the trial will resume, the Supreme Court held in order.
- “Whatever stay has been granted by any court, including the High Court, automatically expires within a period of six months,”
- "An extension of the stay has to be granted only for a “good reason.”
- The Bench was reiterating a 2013 judgment in the Asian Resurfacing of Road Agency Pvt. Ltd case.
- “The speaking order must show that the case was of such exceptional nature that continuing the stay was more important than having the trial finalized,”.
Call to Magistrates
- We must remind the magistrates all over the country that in our pyramidical structure under the Constitution of India, the Supreme Court is at the apex and the High Courts.
- Though not subordinate administratively, High Courts are certainly subordinate judicially.
- We expect that the magistrates all over the country will follow our order in letter and spirit,” – Supreme Court observed.