Case Law Details
Asian Resurfacing of Road Agency P. Ltd. Vs Central Bureau of Investigation (Supreme Court of India)
The Apex Court in the historic case of Asian Resurfacing of Road Agency Private Limited and Another v. Central Bureau of Investigation (2018) 16 SCC 299 had ruled that in all civil & criminal cases stay granted by a court shall automatically expire at the end of 6 months from the date of the order. This was ordered so to remedy the long inordinate delay in disposal of cases in the lower courts due to grant of stay by the higher court.
It would be trite to refer to the operating para of the said judgment which reads as under:
“36. In view of the above, situation of proceedings remaining pending for long on account of stay needs to be remedied. Remedy is required not only for corruption cases but for all civil and criminal cases where on account of stay, civil and criminal proceedings are held up. At times, proceedings are adjourned sine die on account of stay. Even after stay is vacated, intimation is not received and proceedings are not taken up. In an attempt to remedy this situation, we consider it appropriate to direct that in all pending cases where stay against proceedings of a civil or criminal trial is operating, the same will come to an end on expiry of six months from today unless in an exceptional case by a speaking order such stay is extended. In cases where stay is granted in future, the same will end on expiry of six months from the date of such order unless similar extension is granted by a speaking order. The speaking order must show that the case was of such exceptional nature that continuing the stay was more important than having the trial finalised. The trial court where order of stay of civil or criminal proceedings is produced, may fix a date not beyond six months of the order of stay so that on expiry of period of stay, proceedings can commence unless order of extension of stay is produced.”
The said judgment was passed in the peculiar facts and circumstances of the case and displayed anguish of the Court against the undue delay in disposal of the cases resulting in delay/denial of justice. The Court directed universal application of the said judgment to both criminal & civil cases. The said judgment was not welcome by the legal fraternity and widespread dissent was expressed in legal circles as to the application of the said judgment and the problems arising out of vacation of stay.
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