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Report No. 58

Views of some Judges of the Supreme Court

5.13. Some Judges of the Supreme Court agree1 with the spirit of the suggestion that in writ petitions under Article 226 of the Constitution interim stay should not be granted unless the Court, for special reasons to be recorded, otherwise orders by reason of exceptional circumstances. They, however, feel that the provisions regarding notice to be given to the opposite party and copies of all documents may be done by making appropriate rules by the High Court, and they are not in favour of amending the Constitution for this purpose.

In this background, we shall now consider the question of stay ad-interim.

Structure and Jurisdiction of the Higher Judiciary Back

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