‘SC’s power under Article 142 does not empower it to ignore rights of litigants’

NEW DELHI —The Supreme Court said on Thursday its extraordinary power under Article 142 of the Constitution does not empower it to ignore the substantive rights of the litigants enjoying valid judicial orders granting a stay in civil and criminal cases.

Article 142 of the Constitution empowers the top court to pass “any decree or order necessary for doing complete justice in any case or matter pending before it” within the country.

The significant observations came from a five-judge constitution bench headed by Chief Justice D Y Chandrachud which ruled that there cannot be an automatic vacation of stay orders granted by a lower court or high court in civil and criminal cases after six months.

The verdict overturned the 2018 apex court judgement which said such stay granted by lower courts and high courts would stand vacated automatically after six months if not extended specifically.

Writing the judgement, Justice A S Oka said the the jurisdiction can be exercised to do complete justice between the parties before the Court and “the power of this Court under Article 142 cannot be exercised to defeat the principles of natural justice, which are an integral part of our jurisprudence.”

“It cannot be exercised to nullify the benefits derived by a large number of litigants based on judicial orders validly passed in their favour who are not parties to the proceedings before this Court,” it held, adding “Article 142 does not empower this Court to ignore the substantive rights of the litigants”

It held a direction that all the interim orders of stay of proceedings passed by every high court automatically expire only by reason of lapse of time cannot be issued in the exercise of the jurisdiction of this court under Article 142 of the Constitution.

It also referred to some important parameters for the exercise of the jurisdiction under Article 142 of the Constitution.