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SC:No stay of trial by courts for more than six months

Team SoOLEGAL 29 Mar 2018 5:34pm

SC:No stay of trial by courts for more than six months

New Delhi:Acting on the maxim justice delayed is justice denied,a three judge bench of SC comprising Justices Adarsh K Goel, R F Nariman and Navin Sinha delivered an important judgement according to which no stay order can last beyond six months, unless extended by a speaking order. The verdict will go a long way in speeding up civil and criminal trials held up due to stay orders passed by various courts.

This also puts an end to conflicting verdict given by two different two judge bench on the same matter.

“It is well accepted that delay in a criminal trial, particularly in the PC Act cases, has a deleterious effect on the administration of justice in which the society has a vital interest. Delay in trial affects the faith in rule of law and efficacy of the legal system. It affects social welfare and development. Even in civil or tax cases it has been laid down that power to grant stay has to be exercised with restraint. Mere prima facie case is not enough. The party seeking the stay must be put to terms and the stay should not be incentive to delay. The order granting a stay must show application of mind. The power to grant a stay is coupled with accountability,” the bench said.

"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," said the bench.

"It is well accepted that delay in a criminal trial, particularly in the PC Act cases, has deleterious effect on the administration of justice in which the society has a vital interest. Delay in trials affects the faith in Rule of Law and efficacy of the legal system. It affects social welfare and development".

The court said the power to grant stay comes with accountability and it does not mean for want of vacation of stay in criminal or civilian matter, the cases should drag on endlessly. The trial of the cases should be decided in one or two years maximum.


Tagged: SC   trial   speedy justice  
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