Case Law Details
High Court Bar Association Vs State of U.P. & Ors. (Supreme Court of India)
Apex Court (SC) cannot order automatic vacation of the interim orders of High Courts (HCs) of staying without passing a speaking order
The Hon’ble Supreme Court in the case of High Court Bar Association, Allahabad v. State of Uttar Pradesh and Others [Criminal Appeal No. 3589 of 2023 dated February 29, 2024], held that the Hon’ble Apex Court, in the exercise of its jurisdiction under Article 142 of the Constitution of India, cannot order automatic vacation of all interim orders of the High Courts of staying proceedings of Civil and Criminal cases on the expiry of a certain period without passing a speaking order. It can also direct the High Courts to decide pending cases in which interim orders of stay of proceedings has been granted on a day-to-day basis and within a fixed period.
Facts:
In the case of Asian Resurfacing of Road Agency Private Limited and Anr. v. Central Bureau of Investigation [(2018) 16 SCC 299] (“Asian Resurfacing”), the Hon’ble Supreme Court had dealt with the scope of interference by the Hon’ble Allahabad High Court with an order of framing charge passed by the Special Judge under the provisions of the Prevention of Corruption Act, 1988 (“the PC Act”). The issue was whether an Order of framing charge was an Interlocutory Order. The Hon’ble Allahabad High Court held that an Order of framing charge under the PC Act was interlocutory.
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