A Constitution Bench of the Supreme Court (SC), while dealing with the correctness of the view taken by a 3 judge Bench in the Asian Resurfacing case, has held that, “An order of vacating interim relief passed without hearing the beneficiary of the order is against the basic tenets of justice”. The SC, also reiterated the fact that the High Courts are also constitutional courts, which are not judicially subordinate to the SC. The SC further held that, ad-interim relief for stay of criminal/civil trials, once granted, can be affirmed or vacated only after application of mind by the concerned court.
