2020 (10) TMI 815 - SC - Indian Laws

Validity of order passed by Lower Court, which has been stayed by the Hon ble High Court, Bombay - HELD THAT - We must remind the Magistrates all over the country that in our pyramidical structure under the Constitution of India, the Supreme Court is at the Apex, and the High Courts, though not subordinate administratively, are certainly subordinate judicially. We expect that the Magistrates all over the country will follow our order in letter and spirit. Whatever stay has been granted by any court including the High Court automatically expires within a period of six months, and unless extension is granted for good reason, within the next six months, the trial Court is, on the expiry of the first period of six months, to set a date for the trial and go ahead with the same. The order dated 04.12.2019 is set aside with a direction to the learned Additional Chief Judicial Magistrate, Pune to set down the case for hearing immediately - application disposed off.

Summary

Issues:
1. Interpretation of a previous judgment regarding the duration of stay orders.
2. Compliance of lower courts with the directions of the Supreme Court.

Analysis:
1. The Supreme Court addressed the issue of the correct interpretation of a previous judgment regarding the duration of stay orders in the case. The Court emphasized that any stay granted by a court, including the High Court, automatically expires within six months unless an extension is granted for valid reasons. The Court reiterated that the trial court must set a date for the trial and proceed with the case after the initial six-month period unless an extension is granted as per the judgment guidelines. The Court highlighted the importance of following the judgment both in letter and spirit to ensure the timely conclusion of trials.

2. The Court also examined the compliance of lower courts with the directions issued in its previous judgment. The Court expressed disappointment over a Magistrate's order that deviated from the Supreme Court's directive and required the complainant to approach the High Court to resume the trial. The Court clarified the hierarchical structure of the judiciary, emphasizing that the Supreme Court holds the apex position. The Court reminded all Magistrates to adhere to the Supreme Court's orders and directives. Consequently, the Court set aside the order in question and directed the Additional Chief Judicial Magistrate to schedule the case for an immediate hearing, emphasizing the importance of timely trial proceedings to uphold the rule of law.

In conclusion, the Supreme Court's judgment serves as a reminder to all courts to follow its directives regarding the duration of stay orders and the timely conduct of trials. The Court's decision underscores the hierarchical structure of the judiciary and the paramount importance of upholding the Supreme Court's orders to ensure the effective administration of justice.