LI Network
Published on: December 1, 2023 at 22:55 IST
The Supreme Court, expressed skepticism regarding its 2018 ruling in the Asian Resurfacing of Road Agency P. Ltd. case.
The judgment, which stipulated the automatic expiration of interim stay orders after six months, is now under scrutiny as a three-judge bench, led by Chief Justice DY Chandrachud, referred the matter to a larger bench for reassessment.
The Court’s concerns stem from the potential miscarriage of justice resulting from the automatic vacation of stays, as observed during the proceedings.
The decision to reevaluate Asian Resurfacing was prompted by an appeal from the High Court Bar Association Allahabad, which raised several doubts about the judgment.
Senior Advocate Rakesh Dwivedi, representing the High Court Bar Association, argued that the directions regarding automatic stay vacation in Asian Resurfacing were in the nature of obiter dicta and not the primary focus of the case.
The Supreme Court bench, led by the Chief Justice, acknowledged the validity of Dwivedi’s concerns and expressed agreement with some of the raised points.
The order issued by the bench highlighted the reservations about the broad formulation of principles in the Asian Resurfacing judgment, particularly the automatic vacation of stays without a judicial review.
The Court emphasized the need to reconsider this aspect to prevent potential miscarriages of justice.
The Supreme Court has now referred the matter to a larger bench consisting of five judges, seeking the input of either the Attorney General for India or the Solicitor General of India.
The Chief Justice assured an expedited resolution, stating, “We have to really reconsider Asian Resurfacing. In fact, it won’t take more than half an hour to resolve.”
Notably, the Court clarified that the six-month cap on interim stay orders, as established in Asian Resurfacing, would not be applicable to Supreme Court orders.
If a Supreme Court-issued interim order persists beyond six months due to pending appeals, it will not automatically stand vacated.
Case title: HIGH COURT BAR ASSOCIATION ALLAHABAD V. THE STATE OF UTTAR PRADESH AND ORS,
