Srinagar, Dec 11 (GNS): Jammu and Kashmir High court has on Friday “noticed” that the circular by Department of Justice and Parliamentary Affairs government on November 25 regarding automatic vacation of stay after six months is “prima facie contemptuous.”
“Having heard learned counsel for the applicant and perused the documents, particularly, the circular, issued by the Department of Law, Justice and Parliamentary Affairs on 25th November 2020, I am of the prima-facie view that the judgments of the Supreme Court, relied by the Department of Justice and Parliamentary Affairs for issuance of circular (supra) do not provide that all interim orders, passed by the High Court will come to an end after the expiry of six months of their issuance unless they are extended by the Court by a reasoned order,” a bench of Justice Sanjeev kumar said in a order, seeking extension of the stay passed the court 07.08.2018 in some matter.
“From the reading of the judgment of the Supreme Court, it prima-facie transpires that it was only in the cases where the interim order(s) was with respect to stay of proceedings in a suit or criminal challan pending before the trial court that the Supreme Court provided that the stay of proceedings will automatically come to an end on the expiry of six months from the date of such order unless extension is granted by the court by a speaking order,” the court said, adding, “Noticing that the circular is, prima facie, contemptuous, learned Advocate General was put on notice to assist this Court in taking a correct view in the matter.”
On the court’s request, Advocate General D. C. Raina appeared and sought a short adjournment to assist the Court, citing personal difficulty.
“On the request of the Court, Mr. D. C. Raina, Learned Advocate General has appeared and sought a short adjournment to assist the Court citing personal difficulty,” the court said and listed the matter on December 14.(GNS)