Treat interim court orders pending over 6 months as expired: Law Deptt to Admin Secretaries

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The Law Department Wednesday directed all the administrative secretaries to treat interim court orders pending for more than six months as expired and proceed accordingly.

The circular in this regard was issued by the Secretary, Law, Justice and Parliamentary Affairs, AnchalSethi in view of the pending cases in the courts where the government is a party and any action in the matter under dispute or challenge in the court cannot be taken as a result of interim orders passed by the courts.

Therefore, many cases remain pending and unresolved because of stay orders for a number of years leading to administrative bottlenecks and delays, the circular reads.

It further cited two major Supreme Court judgements – Asian Resurfacing of Road Agency Pvt Ltd and others versus Central Bureau of Investigation decided on March 28, 2018 and another case MA No 1577 of 2020 in Crl Appeal Nos 1375-1376 of 2013 decided on October 15, 2020.

Quoting the two judgements of the Supreme Court, the Law department’s circular reads, “Any stay granted by the court including High Court has a validity of six months only and the same expires at the end of six months unless explicitly extended by fresh order.”

The Law department has asked the Administrative Secretaries and Head of Departments to review all administrative actions and procedures held up on account of the interim court orders and in case the orders are more than six months old, treat them as expired and proceed accordingly.