Social Icons

Sunday, November 11, 2012

STAY ORDERS AND ITS EXERCISE BY THE HIGH COURT, SUGGESTION MADE BY THE SUPREME COURT


Grant of stay orders in civil and criminal cases is part of  judicial proceedings and courts have been vested with inherent powers in this regard under the relevant provisions of the Code of Civil Procedure, 1908 and Criminal Procedure Code, 1973.

In a recent judgement in Imtiyaz Ahmad V State of Uttar Pradesh & Others23, the Supreme Court had the occasion to look into the issue of grant of stay orders by the High Courts during investigation or trial in criminal matters. The Supreme Court held:

“The authority of the High Court to order stay of investigation pursuant to lodging of FIR, or trial in deserving cases is unquestionable. But this Court is of the view that the exercise of this authority carries with it the responsibility to expeditiously dispose of the case. The power to grant stay of investigation and trial is a very extraordinary power given to High Courts and the same power is to be exercised sparingly only to prevent an abuse of the process and to promote the ends of justice. It is therefore clear that:

(i) Such an extraordinary power to be exercised with due caution and circumspection.

(ii) Once such a power is exercised, High Court should not lose sight of the case where it has exercised its extraordinary power of staying investigation and trial.

(iii) High Court should make it a point of finally disposing of such proceedings as early as possible but preferably within six months from the date the stay order is issued.

Prepared by: S. Hemanth