Supreme Court Seeks Responses From 6 States & HCs In Suo Motu Case Over Stay Orders Affecting Trials & Delay In Prosecution Sanctions

A bench of Chief Justice of India Sanjiv Khanna and Justice PV Sanjay Kumar was hearing the Suo motu case regarding the adverse effect of stay orders passed by appellate courts on criminal trials.

The Court noted that the present matter is on two aspects, (1) the sanction to prosecute not being granted on time; (2) stay orders passed by High Courts on criminal trials. 

The bench while issuing notice in the matter has sought the response of the state governments of Maharashtra, Punjab, Chhattisgarh, Rajasthan, Jharkhand, West Bengal and well as the High Courts of the respective states on both the above aspects. 

"Notice will be issued on the first aspect related to the issue of grant of sanction" 

"Copy of this order will be served on the nominated/ standing counsel of the State of Maharashtra, Punjab, Chhattisgarh, Rajasthan, Jharkhand, West Bengal" 

"On the question of stay granted by the appellate Courts, the respective High Courts will file their response within a period of 6 weeks", he bench recorded in the order. 

The case is 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 Hon'ble Court."

The Court also ordered that the CBI's affidavit filed on the first issue of grant of sanction also be served upon the standing counsels of State Governments. 

Earlier this year, a Constitution Bench of the Supreme Court had overruled the judgment in Asian Resurfacing which mandated that stay orders granted by appellate courts against civil and criminal trials would automatically expire unless specifically extended by the appellate court through reasoned orders. 

Case Details| IN RE: ADVERSE EFFECT OF STAY ORDERS GRANTED BY APPELLETE COURTS ON THE PACE OF TRIALS, DESPITE PARAMETERS FOR GRANT OF SUCH STAYS, LAID DOWN BY THIS HON'BLE COURT|  W.P.(Crl.) No. 494/202