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Synopsis

The Supreme Court has constituted a five-judge bench to examine the principle laid down by a three-judge bench in 2018 judgment for automatic lifting of stay in all civil and criminal cases after six months even without application of mind, as it would cause serious miscarriage of justice.

According to a notification issued by Additional Registrar (Listing), the bench of Chief Justice of India D Y Chandrachud and Justices Abhay S Oka, J B Pardiwala, Pankaj Mithal and Manoj Misra would take up the matter titled as High Court Bar Association, Allahabad Vs The State of Uttar Pradesh and Others' on Tuesday.

It also stated that the matter would be heard immediately after conclusion of hearing in Writ Petition (C) No. 274 of 2009 titled ‘ In Re: Section 6A of the citizenship Act,1955’ and connected cases, already listed on Tuesday, December 5, 2023.

On Friday last week, a three-judge bench led by Chief Justice of India D Y Chandrachud expressed reservations concerning the correctness of the broad formulations of principle in the case of 'Asian Resurfacing of Road Agency (P) Ltd Vs CBI' and ordered to place the matter before a larger bench of five judges for reconsideration.

The court had passed its order after hearing senior advocate Rakesh Dwivedi on behalf of High Court Bar Association Allahabad.

The bench had said that the directions of this court indicated that in all matters, civil or criminal, orders of stay which have once been granted should not continue beyond a period of six months unless specifically extended and the stay shall stand vacated automatically.

In its order, the bench had stated, "There can be no gainsaying the fact that a stay of an indefinite nature results in prolonging civil or criminal proceedings, as the case may be, unduly. At the same time, it needs to be factored in that the delay is not always on account of conduct of the parties involved. The delay may also be occasioned by the inability of the Court to take up proceedings expeditiously."

"The principle which has been laid down in the decision to the effect that the stay shall automatically stand vacated (which would mean an automatic vacation of stay without application of judicial mind to whether the stay should or should not be extended further) is liable to result in a serious miscarriage of justice," the bench had added.

The court had also said that since the decision in Asian Resurfacing of Road Agency (P) Ltd was of a bench of three judges, it would be appropriate to have the matter referred to a larger bench of five judges. 

The court had then sought assistance of the Attorney General or the Solicitor General.