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Report No. 58

Recommendation

5.28. Before we part with this topic, we should, however, like to recommend that the Minister of Law & Justice may suggest to the Chief Justice of India to take such action as he may deem desirable and expedient to see that all the High Courts make appropriate rules in this matter and that such rules are, as far as possible, uniform. The object of such rules should be to enable the High Courts to grant interim relief even without notice to the respondent only in exceptional cases and the rules should require that, ordinarily, a petitioner filing a petition under Article 226 should, if he wants to apply for interim stay or injunction, serve a copy of his petition as well as a copy of his application for interim stay on the respondent and make an averment to that effect in the writ petition itself.

In other words, the rule should be so framed as to prevent abuse of the process of the Court for obtaining interim stay in frivolous matters while safeguarding genuine cases, where a party has a legitimate point to urge in his writ petition and satisfies the court that without the interim order, his interest would be irreparably damaged. We feel that making such a rule is very necessary in the interest of justice, both of the citizens and of the State.



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