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Supreme Court overturns 'Asian Resurfacing' decision: In a landmark decision, the Supreme Court overturned its 2018 Asian resurfacing decision. In which there was a provision that if the stay is not extended by the High Court, then the interim order staying hearing in civil and criminal cases automatically expires after 6 months from the date of issue.
Advice to avoid setting deadlines
Supreme Court Chief Justice DY Chandrachud and Justice Abhay S. Oka, J.P. The joint bench of Pardiwala, Pankaj Mittal and Manoj Mishra overturned the decision. The apex court said in the new decision that the stay given by the trial court or the High Court cannot automatically end after 6 months. Delivering the verdict, Justice Oka said that the bench does not agree with the directions given in the Asian Resurgence case. The Constitutional Court avoids setting deadlines for the disposal of such cases. However, the Supreme Court also said that this can be done in exceptional circumstances.
What was in the old decision?
It is noteworthy that the Supreme Court, in an earlier decision, had said that the order for stay of proceedings in all civil and criminal cases will automatically expire on the expiry of the period of 6 months, even if it is not extended. The Supreme Court gave this decision in the CBI case against the director of Asian Resurfacing Off Road Agency P Limited. However, the Supreme Court later clarified that the decision would not be implemented if it granted a stay. The Supreme Court reserved its decision on the case on December 13, 2023, after hearing the arguments of senior lawyer Rakesh Dwivedi, Solicitor General Tushar Mehta and other lawyers.
