Report No. 58

Grant of Interim Stay

Interim relief in petitions under Article 32

4.14. In connection with the jurisdiction of the Supreme Court to issue writs1 under Article 32 of the Constitution, there is another question to be considered. This question applies to the High Courts also, since the High Courts also have jurisdiction to issue writs. The complaint in regard to such writ petitions is that sometimes such petitions are filed mainly to gain time by obtaining stay orders, and ultimately it is found that the petitions do not involve any question which justifies the interference of the court. In order to prevent the institution of unsubstantial or frivolous writ petitions, a suggestion which we had to consider was, that in exercise of the jurisdiction to issue writs, an interim stay or injunction should not be issued, unless notice of the proposal to move the court in that behalf is served on the respondent and copies of all documents in support of the plea for stay or injunction are filed in court and served on the opposite party.

1. See question 5.