KOCHI: The Kerala High Court, under the direction of Justice P V Kunhikrishnan, has issued strict instructions to lower courts, advising them not to adjourn cases merely based on claims of a stay or interim order from the High Court. The courts have been directed to verify the existence of such orders by either reviewing the official stay order or obtaining an affidavit from the parties involved.

Justice Kunhikrishnan emphasized that this lapse in procedure cannot be tolerated, especially given that the current status of any case can be easily checked on the High Court’s website. The new guidelines come in light of multiple instances where cases have been unnecessarily delayed, citing stays without proper verification.

The High Court’s observations were made during the hearing of a criminal case that has been pending for over seven years. In this case, the accused requested the quashing of proceedings at the Chief Judicial Magistrate (CJM) court in Thrissur, citing a stay order issued seven years ago. The stay, however, only pertained to a non-arrest directive. Due to this stay, the trial has seen prolonged delays.

When the High Court sought an explanation, the CJM stated that they had recently taken charge of the case and were awaiting a copy of the stay order. In response, the High Court ordered the lower court to take action by hearing the parties involved and reaching a decision within six weeks.

Key directives issued

Stay verification: If parties claim there is a stay, they must submit a copy of the stay order along with the case number. The court office must verify the claim through the High Court’s official website.

Periodic review of stay: In cases of extended stays, the court should require a statement from the parties every three months to confirm that the stay remains valid.

Serious action for misleading adjournments: If a case is adjourned under the mistaken belief that a stay exists, when in fact it does not, the High Court will take the matter seriously.

Case management compliance: The District Judiciary must ensure that all proceedings are recorded in the Case Management System and Case Information System to maintain accurate tracking of the cases.