Supreme Court is at the Apex, and the High Courts, though not subordinate administratively, are certainly subordinate judicially, reminded by Supreme Court to Magistrates all over the country.
On October 15, 2020 Supreme Court in Asian Resurfacing of Road Agency Pvt. Ltd. v. Central Bureau of Investigation reminds that 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:
It stated as: “35. … …. 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.” Asian Resurfacing of Road Agency Pvt. Ltd. v. Central Bureau of Investigation, 2018 SCC OnLine SC 310
Directions were given that in all pending cases where stay against proceedings of a civil or criminal trial is operating, the same will come to an end on expiry of six months from today unless in an exceptional case by a speaking order such stay is extended.
Stay will be end on the expiry of six months: 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.
Direction for trial Court: 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.
Supreme Court held; in the case that Stay granted by any court will automatically expire within a period of six months except in cases where the extension is reasonably granted. Asian Resurfacing of Road Agency Pvt. Ltd. v. Central Bureau of Investigation, MISCELLANEOUS APPLICATION NO. 1577 OF 2020.
