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| HC directs courts to implement SC verdict on stay | | | Early Times Report
Srinagar, Apr 28: The Jammu and Kashmir High Court has directed all courts under its jurisdiction to implement in letter and spirit, the directions of the Supreme Court that stay against pending civil and criminal cases should end in six months unless extension was granted by a specific speaking order.
"It is impressed upon all the courts under the jurisdiction of the High Court of Jammu and Kashmir to implement in letter and spirit, the directions of the Supreme Court passed (in the Judgment dated 28.03.2018 in Criminal Appeal Nos. 1375-1376 of 2013 titled Asian Resurfacing of Road Agency Pvt. Ltd. Anr V Central Bureau of Investigation)," the high court said.
In a landmark verdict, the apex court had said: "Thus, we declare the law to be that order framing charge is not purely an interlocutory order nor a final order. Jurisdiction of the High Court is not barred irrespective of the label of a petition, be it under Sections 397 or 482 Cr.P.C. or Article 227 of the Constitution. However, the said jurisdiction is to be exercised consistent with the legislative policy to ensure expeditious disposal of a trial without the same being in any manner hampered. Thus considered, the challenge to an order of charge should be entertained in a rarest of rare case only to correct a patent error of jurisdiction and not to re-appreciate the matter. Even where such challenge is entertained and stay is granted, the matter must be decided on day-to-day basis so that stay does not operate for an unduly long period."
The court had added: "Though no mandatory time limit may be fixed, the decision may not exceed two-three months normally. If it remains pending longer, duration of stay should not exceed six months, unless extension is granted by a specific speaking order, as already indicated.
Mandate of speedy justice applies to the PC Act cases as well as other cases where at trial stage proceedings are stayed by the higher court i.e. the High Court or a court below the High Court, as the case may be. In all pending matters before the High Courts or other courts relating to PC Act or all other civil or criminal cases, where stay of proceedings in a pending trial is operating, stay will automatically lapse after six months from today unless extended by a speaking order on above parameters."
Same course may also be adopted by civil and criminal appellate/revisional courts under the jurisdiction of the High Courts, the Supreme Court had sais. "The trial courts may, on expiry of above period, resume the proceedings without waiting for any other intimation unless express order extending stay is produced." |
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