Introduction:
In a notable development, the Supreme Court has constituted a five-judge bench to review a ruling concerning the controversial issue of ‘automatic vacation of stay.’
This decision follows growing concerns raised by legal experts and practitioners regarding the potential implications of the existing ruling. Let’s explore this latest development in more detail.
Background:
Earlier this year, a division bench of the Supreme Court issued a ruling on the practice of “automatic vacation of stay.”
In the 2018 judgment, the court had held that in all matters, civil or criminal, Orders of stay, once granted, should not continue beyond a period of six months unless specifically extended and the stay shall stand vacated automatically at the end of that period.
This practice stipulates that any interim stay granted by a court will automatically expire after a specified period, unless the concerned party actively seeks an extension.
Since its implementation, this ruling has sparked intense debates, with critics expressing concerns about its impact on the due process of law and the potential for rushed and unfair decision-making.
Recent Update by Supreme Court:
In a significant development, the Supreme Court on Friday (December 1) expressed reservations about its 2018 judgment in Asian Resurfacing of Road Agency P. Ltd. Director V. Central Bureau of Investigation as per which interim orders of stay granted by High Courts and other courts in civil and criminal cases will automatically expire after a period of six months unless the orders are…
What are the concerns behind this decision?
Recognizing the gravity of the situation, the Supreme Court has taken a proactive step by constituting a five-judge bench to review the ruling in question.
This move aims to provide an opportunity for a comprehensive reexamination of the matter, taking into account the concerns expressed by various stakeholders.
By doing so, the court intends to arrive at a more balanced and equitable approach to the issue of automatic vacation of stay.
Examining Implications:
Legal experts anticipate that the five-judge bench will undertake a meticulous examination of the ruling’s implications on multiple fronts.
This review is expected to delve into the potential impact on fundamental rights, the principle of natural justice, and the overall efficacy of the judicial system.
By thoroughly considering these aspects, the bench aims to ensure that the legal process remains fair, just, and in alignment with constitutional principles.
Conclusion:
The constitution of a five-judge bench to review the ruling on ‘automatic vacation of stay’ highlights the Supreme Court’s commitment to upholding the principles of justice and fairness.This review process seeks to address concerns raised by experts and practitioners, ultimately leading to a more balanced and well-informed decision. As stakeholders eagerly await the outcome, there is a hopeful anticipation that this review will enhance the credibility and effectiveness of the Indian judicial system.
