Any stay granted by any court expires within six months unless extended for good reasons: Supreme Court reiterates

The Supreme Court has, in an order passed on Thursday, "reminded the magistrates all over the country" that any stay granted by any court will "automatically expire" within six months unless "extended for good reasons." (Asian Resurfacing Road Agency Pvt Ltd vs CBI).It was in the case of Asian Resurfacing of Road Agency Pvt. Ltd. & Anr. vs. Central Bureau of Investigation that the top court had laid down the law of expiry of stay order within six months. The same was reiterated by the three-judge bench of Justices Rohinton Fali Nariman, Navin Sinha and KM Joseph on Thursday..The Court quoted the principle laid down by the Apex Court in the judgment rendered by a Bench of Justices AK Goel, Rohinton Nariman and Navin Sinha which 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 finalized. 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.".However the three-judge bench notes here that in December 2019, Additional Chief Judicial Magistrate, Pune had passed an order refusing to resume trial after the expiry of six months period as mandated by the Supreme Court and had instead asked the parties to approach the Bombay High Court to resume trial. The top court notes that such an order "flies in the face of the apex court judgment.".We must remind the Magistrates all over the country that in our pyramidical structure under the Constitution of India, the Supreme Court is at the Apex, and the High Courts, though not subordinate administratively, are certainly subordinate judicially. This kind of orders fly in the face of para 35 of our judgment. We expect that the Magistrates all over the country will follow our order in letter and spirit.Supreme Court said.The Court, thus reiterating its verdict states that whatever stay has been granted by any Court, including the High Court, automatically expires within a period of six months, and "unless extension is granted for good reason, as per our judgment, within the next six months, the trial Court is, on the expiry of the first period of six months, to set a date for the trial and go ahead with the same.".The top court bench has now directed the ACJM, Pune to immediately set the case for hearing. .Read Order: