โก ๐ฅ๐๐น๐ฒ ๐ผ๐ณ ‘๐ฎ๐๐๐ผ๐บ๐ฎ๐๐ถ๐ฐ ๐๐ฎ๐ฐ๐ฎ๐๐ถ๐ผ๐ป ๐ผ๐ณ ๐๐๐ฎ๐ ๐ฎ๐ด๐ฎ๐ถ๐ป๐๐ ๐ฝ๐ฟ๐ผ๐ฐ๐ฒ๐ฒ๐ฑ๐ถ๐ป๐ด๐ ๐ผ๐ณ ๐ฎ ๐ฐ๐ถ๐๐ถ๐น ๐ผ๐ฟ ๐ฐ๐ฟ๐ถ๐บ๐ถ๐ป๐ฎ๐น ๐๐ฟ๐ถ๐ฎ๐น ๐ฎ๐ณ๐๐ฒ๐ฟ ๐ฒ๐ ๐ฝ๐ถ๐ฟ๐ ๐ผ๐ณ ๐๐ถ๐ ๐บ๐ผ๐ป๐๐ต๐’ ๐๐๐ฟ๐๐ฐ๐ธ ๐ฑ๐ผ๐๐ป.
In a landmark judgement pronounced on 29แตสฐ February 2024 by the Honโble 5- Judge bench of the Supreme Court of India in ๐๐๐๐ ๐พ๐ค๐ช๐ง๐ฉ ๐ฝ๐๐ง ๐ผ๐จ๐จ๐ค๐๐๐๐ฉ๐๐ค๐ฃ, ๐ผ๐ก๐ก๐๐๐๐๐๐ ๐ซ๐จ. ๐๐ฉ๐๐ฉ๐ ๐ค๐ ๐.๐. & ๐๐ง๐จ. (๐๐๐ (๐พ๐ง๐ก.) ๐๐ค๐จ.13284โ13289 ๐ค๐ 2023), the rule of ‘automatic vacation of stay against proceedings of a civil or criminal trial after expiry of six monthsโ was struck down. The said rule was initially laid down in ๐ผ๐จ๐๐๐ฃ ๐๐๐จ๐ช๐ง๐๐๐๐๐ฃ๐ ๐ค๐ ๐๐ค๐๐ ๐ผ๐๐๐ฃ๐๐ฎ ๐๐ง๐๐ซ๐๐ฉ๐ ๐๐๐ข๐๐ฉ๐๐ & ๐ผ๐ฃ๐ง. ๐ซ. ๐พ๐๐ฃ๐ฉ๐ง๐๐ก ๐ฝ๐ช๐ง๐๐๐ช ๐ค๐ ๐๐ฃ๐ซ๐๐จ๐ฉ๐๐๐๐ฉ๐๐ค๐ฃ (2018) 16 ๐๐พ๐พ 299.
๐ ๐ฅ๐ฎ๐๐ถ๐ผ ๐ฑ๐ฒ๐ฐ๐ถ๐ฑ๐ฒ๐ป๐ฑ๐ถ:
๐ The directions of the Court that provide for automatic vacation of the order of stay of proceedings and the disposal of all cases in which a stay of proceeding has been granted on a day-to-day basis virtually amount to judicial legislation. The jurisdiction of this Court cannot be exercised to make such a judicial legislation.
๐ An order of vacating the order of stay of proceedings passed without hearing the beneficiary of the order is against the basic tenets of justice. Application of mind is an essential part of any decision-making process. Therefore, without application of mind, an order of interim stay of proceedings cannot be vacated only on the ground of lapse of time when the litigant is not responsible for the delay. No litigant should be allowed to suffer due to the fault of the Court.
๐ An order of interim stay of proceedings passed after hearing the contesting parties cannot be vacated by the High Court without giving sufficient opportunity of being heard to the party whose prayer for interim stay of proceedings has been granted. Even if the interim stay of proceedings is granted after hearing both sides, the aggrieved party is not precluded from applying for vacating the same on the available grounds.
Access the complete judgement in High Court Bar Association Allahabad vs State of UP and Ors SLP (Crl) Nos 13284-13289 of 2023 here:
https://main.sci.gov.in/supremecourt/2023/47928/47928_2023_1_1501_51053_Judgement_29-Feb-2024.pdf
