High Court Bar Association, Allahabad vs. State of U.P. & Ors.

Not available · 2024 INSC 150Decided 29 Feb 2024
Not available

Background

In an earlier case, Asian Resurfacing of Road Agency Pvt. Ltd. v. CBI (2018), a three-judge Bench of the Supreme Court had directed that whenever a High Court stays a criminal trial (particularly under the Prevention of Corruption Act), that stay would automatically lapse after six months unless specifically extended by a speaking order, and the trial court could resume proceedings on its own once that period passed. On 1 December 2023, another three-judge Bench doubted the correctness of this blanket direction and referred the question to a larger Bench. This matter (arising out of a criminal appeal filed by the High Court Bar Association, Allahabad, along with connected special leave petitions and a diary matter) was placed before a five-judge Bench to decide whether such an automatic-expiry rule for stay orders could validly be issued under Article 142 of the Constitution.

Decision Breakdown

The Constitution Bench held that a blanket direction causing all interim stay orders passed by every High Court to automatically expire merely due to lapse of time cannot be issued under Article 142, because that power is meant to do complete justice between the parties actually before the Court and cannot override the substantive rights of litigants, including the right to be heard before an adverse order is passed, who are not parties to that case. It clarified that Article 142 can be used for procedural directions to streamline court processes, but not to affect substantive rights across the board. The Court further held that constitutional courts should ordinarily refrain from imposing time-bound schedules on other courts for deciding pending cases, doing so only in exceptional circumstances, and it laid down guidelines for High Courts to follow while deciding applications for interim relief and their continuation. It clarified that trials already concluded as a result of the earlier automatic-vacation rule would remain valid. In a separate concurring opinion, Pankaj Mithal, J. reasoned by analogy with Article 226(3) of the Constitution (which requires an application and a two-week decision period before an interim stay before a High Court can lapse automatically) that a reasoned stay order, once granted, should continue until the main case is decided or until a specific application to vacate it is decided by a speaking order. It should not lapse merely through passage of time.

Lesson Learnt

Courts cannot use their special "complete justice" power under Article 142 to create blanket, one-size-fits-all rules that automatically end interim protections (like a stay on a criminal trial) purely because time has passed, doing so would unfairly affect people who were never given a chance to be heard; a stay order continues to bind unless a court specifically decides, through a reasoned order, to vacate it.

Constitutional LawSupreme Court of India

Federation of Medical and Sales Representatives Associations of India & Ors. v. Union of India & Ors.

This is an interim order, not a final judgment. The Court recorded the Union of India's proposal to set up a fresh three-member Committee to examine the issue and recommend a regulatory or statutory framework. It directed the Union to constitute the Committee within two weeks, directed the Committee to consult the petitioners, intervenors and other stakeholders and report within two months of its first meeting, and asked the Union to file a compliance affidavit. Citing the separation of powers, the Court declined to decide for itself whether the Code should become law, and listed the matter on 29 January 2027.

Decided 8 Oct 2026Read case
Constitutional LawDelhi High Court

Sirajuddin Qureshi & Ors. vs. Union of India & Ors.

The Court held that a bank's fear that the petitioners might flee, or its unresolved financial claim, cannot by itself justify keeping an LOC alive indefinitely, especially where the petitioners' bail conditions impose no travel curbs and their track record shows no misuse. It quashed the LOCs issued at the banks' instance, while leaving the LOCs issued at CBI's instance to be addressed through an application before the trial court (since those criminal proceedings are still pending there).

Decided 7 Oct 2026Read case
Constitutional LawDelhi High Court

Lawyers Voice vs. Union of India & Ors. and connected matters

The Court dismissed the entire batch, holding that no exceptional circumstance justified registering further FIRs, setting up an independent investigative mechanism, ordering wholesale further investigation into police conduct, issuing blanket evidence-preservation directions, or granting further compensation or rehabilitation directions. It noted that more than six years had passed since the riots, that compensation had largely been disbursed, and that statutory remedies remained available to victims. The Court made clear this was without prejudice to any individual's right to pursue remedies in law, and dismissed the petitions with no order as to costs.

Decided 5 Oct 2026Read case
Constitutional LawDelhi High Court

Shayaan Mujeeb vs. State & Ors. and connected matters

The Court dismissed the entire batch of petitions after finding that the allegations about the December 2019 events had already been examined by a competent statutory body and were being investigated under the ordinary criminal law, with related proceedings pending before competent courts. The Court held there was no ground for an independent inquiry mechanism, transfer of investigation, registration of new criminal cases, award of compensation, fresh guidelines, or further consequential directions. It also held that Article 226 of the Constitution is meant for enforcing enforceable legal rights, not for open-ended directions. The petitions were dismissed with no order as to costs, and any individual may still pursue remedies available in law.

Decided 5 Oct 2026Read case
Constitutional LawDelhi High Court

Pushpendra Singh Parmar vs. President/Vice President/General Secretary, ICSI

The Court held that the dispute was, at its core, a personal grievance between the petitioner and a private company (UC Web Mobile Pvt. Ltd.), not a matter properly brought before the Court under Article 226's extraordinary writ jurisdiction. It held that Article 226 is not meant to be a forum for airing personal disputes or pursuing a private adversary merely because a representation went unanswered. The petition was dismissed, with liberty given to the petitioner to pursue appropriate legal remedies directly against the company.

Decided 29 Sept 2026Read case
Constitutional LawDelhi High Court

Glenmark Pharmaceuticals Limited & Anr. vs. Union of India & Ors.

Relying on its own 2025 ruling on a near-identical earlier notification concerning the same drug combination, the Court held that since the notification used the word "shall" without any express provision for retrospective effect, and took effect only upon Gazette publication, it operates prospectively from 18.08.2026 and cannot be applied to stock manufactured earlier. The Court disposed of the petition on terms: Glenmark must label all stock made after 18.08.2026, publish clear public notices in one English and one Hindi national newspaper and issue advisories to doctors, chemists and retailers within two weeks, and file an affidavit detailing pre-notification stock within four weeks, subject to which no coercive recall action under Section 28B would be taken against it.

Decided 18 Sept 2026Read case