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SC to examine effect of stay orders on pace of trials on Monday
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SC to examine effect of stay orders on pace of trials on Monday

The Supreme Court on Monday will take up a suo motu case related to the negative effect of stay orders granted by appellate courts on the pace of trials.

The case titled “In Re: Adverse Effect of Stay Orders Granted by Courts of Appeal on the Pace of Trials, Notwithstanding the Parameters for Granting Such Stays, Set by this Court” is listed before a Bench of the Judge in Indian leader Sanjiv Khanna and the judge. Sanjay Kumar on December 9.

While hearing a petition filed by the CBI in November 2021, the top court had flagged the issue of stay orders issued by appellate courts leading to delays in trials. He had noted that the CBI’s appeal against the Jammu and Kashmir High Court’s order in a criminal case was filed after a delay of 542 days.

“The second aspect which concerns us relates to the stay orders granted by the Courts of Appeal and, consequently, the pace of the trial being affected, although this Court has set parameters for the granting of such stays,” he declared in his opinion of November 8. , order 2021.

“We, therefore, deem it appropriate that this aspect be placed before the Chief Justice of India for consideration and appropriate order, as it may not have any direct nexus with the present case,” the top court had said.

Earlier, the top court had asked the CBI to spell out necessary steps to be taken to strengthen its prosecution unit, resolve bottlenecks and improve the conviction rate in cases probed by the agency.