“There cannot be automatic vacation of stay,” says the Supreme Court while setting aside its 2018 Asian Resurfacing judgment

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Today (February 29, 2024, Thursday), the Supreme Court (SC) of India set aside its 2018 Asian Resurfacing judgment and said that there cannot be automatic vacation of stay orders by courts in civil and criminal cases after six months from the date of order. The matter was heard by a five-judge Constitution bench consisting of Chief Justice of India DY ChandrachudJustice Pankaj MithalJustice Manoj MisraJustice Abhay S Oka, and Justice JB Pardiwala. The SC said, “We have held we do not agree with Asian resurfacing…There cannot be automatic vacation of stay.” It added, “A direction that all interim orders passed by High Courts will automatically expire on the lapse of time cannot be issued in exercise of powers under Article 142 of the Constitution. Constitutional courts should refrain from laying down time-bound schedules for cases pending before any other courts.” The SC bench further said that such directions for time-bound directions should be issued only in exceptional circumstances. Earlier on December 13, 2023, the SC of India reserved its judgment on a plea seeking reconsideration of the top court’s judgment in the Asian Resurfacing of Road Agency P.Ltd. Director vs. Central Bureau of Investigation (2018) case.