The Supreme Court of India will hear a case on December 9, 2024, addressing the delays in trials caused by stay orders from appellate courts. Highlighted in November 2021, the issue emphasizes the need for judicial action and systematic reviews. The hearing aims to propose solutions for improving trial efficiency and reducing delays in justice delivery.

New Delhi: The Supreme Court is set to examine a crucial issue concerning the “adverse effect of stay orders granted by appellate courts on the pace of trials” in a suo motu matter listed for hearing on Monday, December 9, 2024. A bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar will hear the case titled “In Re: Adverse effect of stay orders granted by appellate courts on the pace of trials, despite parameters for grant of such stays, laid down by this court.”
This matter stems from concerns raised by the apex court in November 2021 while addressing a petition filed by the Central Bureau of Investigation (CBI). The court had flagged the issue of prolonged trials caused by appellate court stays, despite existing parameters laid down by the judiciary.
“The second aspect with which we find ourselves concerned is the stay orders granted by the appellate courts and thus the pace of trial getting adversely affected, despite this Court having laid down parameters for grant of such stays,” the Supreme Court noted in its November 8, 2021 order.
In its 2021 observations, the apex court emphasized the need for judicial action to address this issue comprehensively.
“We thus deem it appropriate that this aspect should be placed before the Chief Justice of India for his consideration and appropriate orders as it may not have any direct connection with the present case,”
the bench remarked.
Subsequently, the court directed the registration of an appropriate public interest petition, with notices issued to the concerned states and high courts to ensure a systemic review of the problem.
The issue came to light during the hearing of a CBI appeal challenging a Jammu and Kashmir High Court order in a criminal case. The court also noted concerns regarding the CBI’s functioning, including delays of up to 542 days in filing appeals and requested details on steps to strengthen prosecution units, identify bottlenecks, and improve conviction rates.
This suo motu initiative reflects the apex court’s commitment to tackling judicial inefficiencies and ensuring the timely delivery of justice. The hearing is expected to outline actionable solutions for mitigating trial delays caused by appellate stay orders.
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