Whether stay can be pleaded as sci has to decide the question of repaling of law?
Raj
(Querist) 11 August 2014
This query is : Resolved
Sir,
My counsel has filed the quashing of chargesheet U/S 498-A before the High Court and recently there is an order of Supreeme court of India that question of repaling of 498-A has to be decided and has given time to ASG
Now can we made an application before the High court to stay on proceedings before the trail court as the SCI has to decide whether the 498a law was repaed in 1988 or not?
Devajyoti Barman
(Expert) 11 August 2014
If SCI has given no stay, no other court can pass such order.
Raj
(Querist) 11 August 2014
Sir, SCI ha not given stay but has asked the version from UOI .the ASG has sought time for reply whether 498-A was repealed or not..if the proceddinsg are pending before the SCI whether High court or lower court can continue with the procedure where SCI itself is not sure that continue prosecution violates the funadamntal rights of accused or not??
Rajendra K Goyal
(Expert) 11 August 2014
These courts can continue with the case till any stay or judgment by higher court in this regard.
