“How Can There Be Interim Stay On Discharge? Tomorrow, Courts Will Grant Interim Stay On Acquittal!” Supreme Court Questions HC's Order
Live LawThe Supreme Court on Tuesday questioned the implications of Delhi High Court's decision to grant an ex parte stay on order discharging a murder accused, observing that it effectively subjects the accused to trial without even setting aside the discharge order. Tomorrow someone will stay order of acquittal and say that person should be taken into custody!” The counsel for victim's son submitted that the High Court had allowed Wazir to apply for bail. One year, two years, four years High Court could take time to decide revision?” Highlighting the principles of granting interim relief, Justice Oka stated, “Ex parte stay on order of discharge is granted. It is absurd.” The ASG argued that the trial court's discharge order suffered from “non-application of mind” and amounted to a “mini trial.” Justice Oka responded, “You argue that in revision.
History of this topic
Supreme Court lifts stay on discharge of Sikh leader in murder case
Hindustan Times
SC strengthens legal protection in appeal cases
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Stay On Discharge Orders Should Not Be Granted Unless Circumstances Are Exceptional : Supreme Court
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'How Can Discharge Order Be Stayed?': Supreme Court Expresses Surprise At HC Order
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Supreme Court refuses to stay acquittal of former DU professor Saibaba, says there is no urgency
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Issue Of Invalidity Of Sanction To Be Raised During Trial, Not At Stage Of Discharge Application: SC [Read Judgment]
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