Stay orders: India

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Supreme Court orders

2018, 20: Stay on proceedings must not exceed 6 months

October 17, 2020: The Times of India

The Supreme Court has ordered that any stay on criminal and civil proceedings will not continue beyond six months and the trial court can proceed in the case without waiting for approval from higher courts if the stay is not extended.

A bench headed by Justice R F Nariman said the SC’s 2018 verdict in which it had ruled that a stay on proceedings must not exceed six months must be implemented in its true spirit. In a bid to ensure speedy justice and discourage delaying tactics adopted by the accused, the SC had ruled lower courts could proceed after a six-month period, preventing accused from dragging on the trial.

Referring to a trial court order directing a complainant to get approval from the HC, which had stayed proceedings in a criminal case, the SC said “this kind of orders fly in the face of our judgment. We expect that magistrates all over the country will follow our order in letter and spirit”. TNN

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