SC refers to 5-judge bench plea for reconsideration of 2018 verdict on grant of stay by courts

The Supreme Court Friday referred to a five-judge constitution bench for reconsideration its 2018 judgement which held that the stay granted by a lower court or high court in civil and criminal cases will automatically expire after six months unless extended specifically.

A bench comprising Chief Justice DY Chandrachud and Justices J B Pardiwala and Manoj Misra took note of the plea of senior advocate Rakesh Dwivedi, appearing for the High Court Bar Association of Allahabad, that the 2018 judgement takes away the power available to high courts under Article 226 of the Constitution.

Article 226 of the Constitution gives wide powers to high courts under which they can issue writs and orders to any person or government for enforcement of fundamental rights and for other purposes.