Automatic Stay Vacation - Reference Against 'Asian Resurfacing' : Live Updates From Supreme Court Hearing

CJI: In Allahabad, the problem is magnified. The same issue was in Karnataka, and larger HCs like Mumbai... it's not the fault of judges. If there are 200 matters on board every day and you have to write some reasons, it is impossible for entire board to be completed.

Dwivedi: Sometimes, in courts that I mentioned, it is a systemic fault. The judges are overloaded with work.

Dwivedi: Some times the delays are on account of the fact that accused got an interim order so they take advantage of it. Trials get frustrated, witnesses experience long time memory lapse, the memories fade.

Sr Adv Rakesh Dwivedi: This is about the automatic vacation of stay not just in criminal matters but also in civil matters across the board. From reading of the first judgement itself it appears that that was a case where against an interlocutory order an appeal could be filed.

Dwivedi: There was no issue of civil proceedings that arose in that...Nobody can deny that proceedings are being delayed, specifically in certain HCs like the Allahabad HC, Patna HC.

CJI: That is also what weighed with the judges. Otherwise, stay just continues for decades particularly in larger HCs.