NEW DELHI: A five-judge constitution bench of the Supreme Court ruled that interim stay orders issued by high courts and trial courts will remain in effect even after six months. The directive of the bench chaired by Chief Justice DY Chandrachud is to reverse the 2018 judgment. This will also avoid the situation of having to extend the stay order after six months. The judgment was on the petitions filed by the Bar Association of Allahabad court.
The Constitution Bench also objected to the practice of the Supreme Court and the High Court instructing the lower courts to complete the trial within the stipulated time in certain cases. the bench discerned that such direction should be given only in exceptional circumstances as the circumstances of the cases are known only to the respective court.
It was also clarified that it is preferable to leave matters such as whether to give special consideration to any case to the judge of that court. The other members of the bench are Justices Abhay S. Oka, JB Pardiwala, Pankaj Mittal and Manoj Mishra.