The Supreme Court initiated a suo motu case to evaluate the negative impacts of stay orders on ongoing criminal trials. This move aims to address delays and ensure timely justice in the criminal justice system. A Bench led by Chief Justice of India Sanjiv Khanna and Justice P.V. Sanjay Kumar is set to hear the case on December 9.
New Delhi: The Supreme Court launched a suo motu case to investigate the negative impact of stay orders issued by courts on the progress of criminal trials.
The case, scheduled for a hearing on December 9.
It will be presided over by Chief Justice of India (CJI) Sanjiv Khanna and Justice PV Sanjay Kumar.
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Earlier this year, a Constitution bench of the Supreme Court set aside a 2018 decision that had restricted the duration of interim stay orders in civil and criminal cases to six months. The court previously recognized the issues caused by extending stay orders.
In its February ruling, the Supreme Court noted that the rate of case pendency varies across different courts, including High Courts, and suggested that prioritization of cases should be determined by the specific court involved rather than through blanket rules.
Suo motu cases are those initiated by the Supreme Court on its own authority, without any formal petition or complaint. These cases are typically taken up when issues of public interest, constitutional significance, or gross violations of fundamental rights come to light.
In India, a stay order in a criminal trial temporarily suspends proceedings, typically issued by appellate courts to avert potential injustice during the appeal process. However, these stays can cause significant delays in the judicial system.
To combat these delays, the Supreme Court, in the 2018 case Asian Resurfacing of Road Agency Pvt. Ltd. v. Central Bureau of Investigation, mandated that any stay on trials in civil or criminal cases would automatically expire after six months unless extended by a reasoned order. This directive aimed to hasten proceedings and prevent indefinite postponements due to prolonged stays.
In February 2024, a five-judge Constitution Bench revisited this directive. The Court concluded that stay orders issued by trial courts and High Courts do not automatically lapse after six months; instead, they remain effective until the case is resolved, unless the order specifies a time limit or is altered by the court.
The Bench highlighted that automatically vacating stay orders without judicial review could lead to unintended outcomes, advocating for a case-by-case assessment.
On December 6, 2024, the Supreme Court initiated a suo motu case to investigate the negative impact of stay orders on the speed of criminal trials. This initiative reflects the Court’s ongoing concern about delays in the justice system caused by extended stays and demonstrates its commitment to ensuring timely justice.
The 2024 ruling reinstates the discretionary authority of courts to determine the duration and validity of stay orders based on the specifics of each case. While this approach acknowledges judicial discretion, it also places the onus on courts to monitor and review stay orders to avoid unnecessary delays in criminal trials.
In conclusion, while stay orders are crucial for ensuring justice, their influence on the timely progression of criminal trials requires vigilant judicial oversight to balance the rights of the accused with the broader interests of justice.
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