DoJ O.M. dt.13.06.2018 - Stay vacates automatically at the expiry of 6 months - No.N-17/10/2018-NM

File No. N-17/10/2018-NM
Government of India
Ministry of Law and Justice
Department of Justice
Jaisalmer House
26, Mansingh Road, New Delhi-110011
Dated the 13th June, 2018
OFFICE MEMORANDUM
Subject: Judgement dated 28.03.2018 in Criminal Appeal No. 1375-1376 of 2013 passed by Hon’ble Supreme Court of India.

Sir,

This Department has received a copy of Judgement dated 28.03.2018 in Criminal Apeal No. 1375-1376 of 2013 passed by Hon’ble Supreme Court of India, through the Office of Hon’ble Prime Minister for forwarding to all concerned.
The implication of the aforesaid judgment is that where any action by a development agency or an enforcement agency, as the case may be, was stayed by a court of law, the same shall stand vacated automatically at the expiry of 6 months from the date of the order i.e. 28.03.2018, unless the same is extended by a speaking order. Further, the judgment casts a responsibility on the court granting stay that the speaking order must show that the case was of such exceptional nature that continuing the stay was more important than having the trial finalized. Also, in such cases where the stay is extended, the trial court has been directed to fix a date not beyond six months of the order of stay so that on expiry of period of stay, proceedings can commence.
The judgment of Hon’ble Supreme Court can be accessed at https://sci.gov.in/supremecourt/2011/27580/27580_Judgement_28-Mar-2018.pdf.
(Giridhar G Pai)
Director
Ph. 23072145

Secretary
Department of Atomic Energy
Anushakti Bhavan, Chatrapathi Shivaji
Maharaj Marg, Mumbai - 400001

Copy to:- Under Secretary (JI), Department of Justice for uploading on portal w.r.t. PMO ID No.4827311/PMO/2018-PoI dated 24.04.2018.


Original O.M. in PDF for download/print purposes:
KM_554e-20201222140321.pdf (288.1 KB)