HIGH COURT BAR ASSOCIATION, ALLAHABAD versus STATE OF U.P. & ORS.

Citation: [2024] 2 S.C.R. 946 · Decided: 29-02-2024 · Supreme Court of India · Bench: D.Y. CHANDRACHUD · Disposal: Reference answered

Cited by 3 judgment(s) · cites 12 · see the full citation network in Lexace

Judgment (excerpt)

* Author
[2024] 2 S.C.R. 946 : 2024 INSC 150
High Court Bar Association, Allahabad 
v. 
State of U.P. & Ors.
Criminal Appeal No. 3589 of 2023
29 February 2024
[Dr Dhananjaya Y. Chandrachud, CJI, Abhay S. Oka,* 
J. B. Pardiwala, Manoj Misra and Pankaj Mithal,* JJ.]
Issue for Consideration
What is the object behind passing interim orders; Whether the 
High Courts are empowered to vacate or modify interim relief; 
Whether an interim order can come to an end automatically only 
due to the lapse of time; What is the scope of exercise of powers 
u/Art. 142 of the Constitution; Position of the High Courts and its 
power of superintendence; Whether the Court should deal with 
an issue not arising for consideration; Effect of directions issued 
by the Constitutional Courts to decide pending cases in a time-
bound manner; Whether the Supreme Court, in the exercise of 
its jurisdiction u/Art. 142 of the Constitution of India, can order 
automatic vacation of all interim orders of the High Courts of 
staying proceedings of Civil and Criminal cases on the expiry of 
a certain period;  Whether the Supreme Court, in the exercise of 
its jurisdiction u/Art. 142 of the Constitution of India, can direct the 
High Courts to decide pending cases in which interim orders of 
stay of proceedings has been granted on a day-to-day basis and 
within a fixed period; Procedure to be adopted by High Courts 
while passing interim order of stay of proceedings and for dealing 
with the applications for vacating interim stay.
Headnotes
Interim Orders – Object of:
Held: (Per Abhay S. Oka, J. for himself and Dr. Dhananjaya 
Y. Chandrachud, CJI., J.B. Pardiwala, Manoj Misra, JJ.) An 
order of interim relief is usually granted in the aid of the final relief 
sought in the case – An occasion for passing an order of stay of 
the proceedings normally arises when the High Court is dealing 
with a challenge to an interim or interlocutory order passed during 
the pendency of the main case before a trial or appellate Court – 
The High Court can grant relief of the stay of hearing of the main 
[2024] 2 S.C.R. 
947
High Court Bar Association, Allahabad v. State of U.P. & Ors.
proceedings on being satisfied that a prima facie case is made out 
and that the failure to stay the proceedings before the concerned 
Court in all probability may render the remedy adopted infructuous 
– When the High Court passes an interim order of stay, though 
the interim order may not expressly say so, the three factors, viz; 
prima facie case, irreparable loss, and balance of convenience, are 
always in the back of the judges’ minds – Though interim orders 
of stay of proceedings cannot be routinely passed as a matter of 
course, it cannot be said that such orders can be passed only in 
exceptional cases – Nevertheless, the High Courts, while passing 
orders of stay in serious cases like the offences under the PC Act 
or serious offences against women and children, must be more 
cautious and circumspect. [Para 13]
Interim Orders – Whether the High Courts are empowered to 
vacate or modify interim relief:
Held: (Per Abhay S. Oka, J. for himself and Dr. Dhananjaya 
Y. Chandrachud, CJI., J.B. Pardiwala, Manoj Misra, JJ.) The 
High Courts are always empowered to vacate or modify an order 
of interim relief passed after hearing the parties on the following, 
amongst other grounds: - (a)If a litigant, after getting an order 
of stay, deliberately prolongs the proceedings either by seeking 
adjournments on unwarranted grounds or by remaining absent 
when the main case in which interim relief is granted is called out 
for hearing before the High Court with the object of taking undue 
advantage of the order of stay; (b)The High Court finds that the 
order of interim relief is granted as a result of either suppression 
or misrepresentation of material facts by the party in whose favour 
the interim order of stay has been made; and (c) The High Court 
finds that there is a material change in circumstances requiring 
interference with the interim order passed earlier – In a given 
case, a long passage of time may bring about a material change 
in circumstances – These grounds are not exhaustive – There 
can be other valid grounds for vacating an order of stay. [Para 15]
Interim Orders – Whether an interim order can come to an 
end automatically only due to the lapse of time:
Held: (Per Abhay S. Oka, J. for himself and Dr. Dhananjaya 
Y. Chandrachud, CJI., J.B. Pardiwala, Manoj Misra, JJ.) 
Eleme

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