The Hon’ble Supreme Court has found a way to untie the Gordian knot, knotted by all the Hon’ble High courts of the country by granting STAYS in civil and criminal trials, mostly on the only ground that somebody had approached the respective High court.
The path breaking judgement has cut through the cackles and come to the horses of the issue. Which part of Justice would be served if a high court were to grant a stay merely because someone has pled his cause and escalated his issue by approaching a High court, and the Justice in his magnanimity has granted stay for complying with the Audi alteram partem Rule? Unfortunately the other side lacks prosecution and never takes the initiative to submit its reply and the person who obtained the Stay is ‘Happy’ !
The whole story became an endless saga waiting for someone to comply with the Principles of Natural Justice.
Finally the brilliance of the Supreme Court in
Criminal Appeal Nos. 1375-1376 of 2013. D/d. 28.3.2018 in
Asian Resurfacing of Road Agency Pvt. Ltd. & Anr. – Appellants
Central Bureau of Investigation decided by the bench consisting of
Adarsh Kumar Goel, Navin Sinha and R.F. Nariman, JJ.
has settled the issue FOR GOOD.
0. No stay valid for more than six months
0. All extensions beyond 6 months should be backed by a Speaking Order.
0. All stays would lapse beyond 6 months if not reviewed under those parameters!
The impact of this decision, I feel, should go a long way in de-clogging our judiciary. Secondly, the Justices would be more inclined to “write” speaking orders and therefore there would be clear grounds of appeal, not merely based on the Principles of Natural Justice and the broad doctrines of justice!