The Division Bench of the Hon’ble Supreme Court in the matter of Asian Resurfacing of Road Agency Versus CBI has reiterated that Duration Of Stay Orders is 6 months and stay orders are valid for this period, unless extended by the Court.
Ratio Decidendi Of Supreme Court Judgement On Duration Of Stay Orders:
“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. 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.”