On Monday, the Supreme Court of India issued a directive to eight states and their respective high courts to submit responses concerning the adverse effects of stay orders on the pace of criminal trials. This action stems from a suo motu case taken by the apex court, led by Chief Justice Sanjiv Khanna and Justice Sanjay Kumar, which revisits a significant 2021 observation on the matter.
The case, titled “In Re: Adverse effect of stay orders granted by appellate courts on the pace of trials, despite parameters for grant of such stays, laid down by this court,” originated from an order by a bench headed by former SC judge, Justice Sanjay Kishan Kaul, dated November 8, 2021. The order highlighted the disruptive impact of such stays on the judicial process, prompting the current bench to seek a detailed examination.
The Chief Justice has instructed the concerned high courts to file their responses within six weeks, setting a hearing for the week commencing March 17, 2025. Additionally, the Supreme Court has ordered that a copy of the affidavit filed by the Central Bureau of Investigation (CBI) be served to the standing counsel of the respective state governments involved.
The states required to respond include Maharashtra, Punjab, Chhattisgarh, Rajasthan, Jharkhand, West Bengal, Kerala, and Mizoram—each of which has previously withdrawn general consent to the CBI for probing cases within their jurisdictions. This withdrawal has significantly influenced the CBI’s ability to investigate cases seamlessly across state lines.
In its 2021 ruling, the Supreme Court emphasized the need for a judicial response to the frequent issuance of stay orders by appellate courts, which has notably slowed down the progress of trials. This concern was underlined again during Monday’s session, where the court noted the overarching implications for the legal system.
Previously, the CBI was tasked to inform the Supreme Court about steps to enhance their prosecution unit, identify procedural bottlenecks, and improve the conviction rate. The discussion highlighted a significant backlog of cases, with the CBI reporting over 13,200 matters pending before various courts nationwide as of 2019, including appeals and other petitions.
