Limiting The Operation Of Stay Up To Six Months By Judicial Fiat, An Impermissible Legislative Act
Live LawIn the last week, the Supreme Court has in Asian Resurfacing of Road Agency v. CBI, by order dated 15 October 2020 reiterated that whatever stay granted by any court, including the High Court, automatically expires within a period of six months, unless extension is granted for good reason, as per the judgment. According to me, the directions issued in Asian Resurfacing of Road Agency v. CBI decided on 28 March 2018 and restated in the order dated 15 October 2020 by the Supreme Court, do not affect other types of injunction or stay where a civil or criminal proceeding is not stayed and applicable only to stay of proceedings granted in a pending civil or criminal case. According to me, a mandatory time limit of six months, prescribed by the Supreme Court in Asian Resurfacing Case, is ex facie unconstitutional and it also ignores the hard reality of our judicial system that any civil or criminal case takes at least 2-5 years even if the time span is considered most conservatively. However, when read with the directions given by the Supreme Court in Asian Resurfacing first case, it becomes clear that the observations are applicable only when a stay had resulted in withholding of the trial proceeding under the PC Act or any other criminal or civil trial.
History of this topic
Supreme Court Refuses To Apply Automatic Stay Vacation Direction In 'Asian Resurfacing' Judgment To Interim Stay In Writ Proceedings
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