Supreme Court imposes six-month cap on stay orders

NEW DELHI: In a ruling set to have a far-reaching impact on thousands of cases pending in various courts, the Supreme Court on Wednesday ruled that a stay of proceedings in trial, civil or criminal cases would automatically lapse in six months, and for any extension, the party concerned would have to move the court again to get a speaking order.

The order was passed by a three-judge bench of justices Adarsh Kumar Goel, Navin Sinha and R F Nariman, which held that the legislative mandate of expeditious disposal of a trial should be respected.
The order came on a plea dealing with an issue relating to the Prevention of Corruption Act and posed a question of law as to whether a high court had the jurisdiction to entertain an appeal against an order framing charges by a trial court.

The bench, while dealing with the case, observed that the cancer of corruption had eaten into the vitals of the state and needed to be nipped in the bud.

While cautioning the higher appellate courts, the SC bench said the power to stay the trial proceedings has to be exercised with restraint, especially in corruption cases.

“If stay is granted, it should not normally be unconditional or of indefinite duration. Appropriate conditions may be imposed so that the party in whose favour stay is granted is accountable if court finally finds no merit in the matter and the other side suffers loss and injustice,” the bench held.

Clarifying about the speaking order, the bench said, “The speaking order must show that the case was of such exceptional nature that continuing the stay was more important than having the trial finalised.”