Apex Court cannot order automatic vacation of the interim orders of the High Courts of staying without passing a speaking order

Last updated: 08 March 2024

Court :
Supreme Court of India

Brief :
The Hon'ble Supreme Court in the case of High Court Bar Association, Allahabad v. State of Uttar Pradesh and Others [Criminal Appeal No. 3589 of 2023 dated February 29, 2024], held that the Hon'ble Apex Court, in the exercise of its jurisdiction under Article 142 of the Constitution of India, cannot order automatic vacation of all interim orders of the High Courts of staying proceedings of Civil and Criminal cases on the expiry of a certain period without passing a speaking order. It can also direct the High Courts to decide pending cases in which interim orders of stay of proceedings has been granted on a day-to-day basis and within a fixed period.

Citation :
Criminal Appeal No. 3589 of 2023 dated February 29, 2024