Excelsior Correspondent
SRINAGAR, Dec 11: The High Court today noticed that the circular by the Department of Justice and Parliamentary Affairs regarding automatic vacation of stay after six months is prima facie contemptuous.
The Department of LJ&PA on November 25 issued a circular in context of Supreme Court judgment and directed all Administrative Secretaries, HoDs to review all administrative actions and procedures held up on account of interim orders and in case the orders are more than six months old, treat these orders as expired and proceed accordingly.
Justice Sanjeev Kumar while hearing an application seeking extension of order passed on August 2018 said that if prima facie transpires from the reading of Supreme Court judgment that it was only in the cases where the interim orders were with respect to stay of proceedings in a suit or criminal challan pending before the trial court.
The Supreme Court provided that the stay of proceedings will automatically come to an end on the expiry of six months from the date of such order unless extension is granted by the court by a speaking order.
It is submitted in the application that despite the fact the order of August 2018 is still in operation and has neither been varied nor vacated by the High Court and the respondents are relying upon the Government order dated November 25 and are taking interim directions passed by the court as deemed to have been vacated on the expiry of six months of its issuance.
Court has been apprised that the authorities have misinterpreted the judgment of Supreme Court in the case of Asian Resurfacing of Road Agency Pvt Ltd versus CBI which was decided on March 28, 2018 and on the pretext Department of Law, Justice and Parliamentary Affairs issued a circular on November 25.
Court said it is contemptuous and put on notice the Advocate General to assist the Court in taking a correct view in the matter. Meantime, Court said neither the interim order dated August 2018 been varied nor modified by the court and also the authorities have neither filed objections nor sought its modification and accordingly extended the force of interim order dated August 2018 till next date of hearing.
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