The Supreme Court of India has taken suo motu cognizance of the adverse effects that stay orders have on the progress of criminal trials. This initiative is aimed at addressing delays caused by such stays, which often hinder the timely resolution of cases and impact the justice delivery system.
Background:
The decision was prompted by increasing instances where higher courts issue stay orders in criminal proceedings, leading to prolonged delays in trial courts. These delays not only affect the accused but also impede justice for victims. The Supreme Court has recognized the pressing need to examine the broader implications of stay orders and their potential misuse in criminal cases.
Court’s Rationale:
The bench observed that while stay orders serve as a necessary tool to prevent miscarriage of justice in certain cases, their indiscriminate use can disrupt the legal process. The Court emphasized the importance of balancing the rights of the accused with the need for an efficient judicial system. It aims to ensure that stay orders are issued judiciously and do not become a tool for stalling criminal proceedings indefinitely.
Existing Measures:
The Code of Criminal Procedure (CrPC) allows for stay orders in exceptional circumstances, subject to judicial discretion. However, courts have repeatedly underscored the need for a time-bound approach to avoid unnecessary delays. In 2021, the Supreme Court had directed all high courts to ensure that stay orders in criminal cases are reviewed periodically.
Conclusion:
This suo motu initiative reflects the Supreme Court’s commitment to improving the efficiency of India’s criminal justice system. By addressing the misuse of stay orders, the Court aims to strike a balance between safeguarding individual rights and ensuring the swift administration of justice. The findings from this case are expected to set important precedents for the handling of criminal trials across the country.