1. Introduction
Special Leave Petition (SLP) is a legal remedy available in the Indian judicial system. SLP derives its authority under Article 136 of Indian Constitution i.e. Article 136 empowers the Supreme Court of India to provide additional authority to appeal against any judgement, decree, sentence, or order rendered or made by any court or tribunal in the territory of India. Special Leave Petitions are a vital component of the Indian legal system, allowing the Supreme Court to utilize its discretionary authority in upholding justice and resolving legal matters of national importance.
"136.special leave to appeal by the Supreme Court.
(1) Notwithstanding anything in this Chapter, the Supreme Court may, in its discretion, grant special leave to appeal from any judgement, decree, determination, sentence or order in any cause or matter passes or made by any court or tribunal in the territory of India.
(2) Nothing in clause (1) shall apply to any judgement, determination, sentence or order passes or made by any court or tribunal constituted by or under any law relating to the Armed Forces."[1]
A Special Leave Petition can be filed against any judgement of High Court within 90 days of judgement or it can also be filed within 60 days against the order of High Court refusing to grant the certificate of fitness for appeal to Supreme Court.[2] This petition is required to state all the facts that are necessary to enable the court to determine whether SLP ought to be granted or not. It is required to be signed by Advocate on record. The petition should also contain statement that the petitioner has not filed any other petition in the High court. It should be accompanied by a certified copy of judgement appealed against and an affidavit by the petitioner verifying the same and should also be accompanied by all the documents that formed part of pleading in Lower court.[3]
2. A brief on filing the Special Leave Petition (SLP) in Supreme Court of India
2.1 Grounds for filing Special Leave Petition
It is essential to highlight that filing a Special Leave Petition is a discretionary power of the supreme court and not a right. The person filing the petition must persuade the court that there are compelling reasons for the court to grant special permission and hear the appeal. Following are few grounds based on which SLP can be filed:
1) A Special Leave Petition may be filed if a lower court or tirbunal's judgement or order breaches the fundamental rights protected by the Indian Constitution.
2) The Supreme Court can grant special leave if the lower court or the tribunal acted irrationally or arbitrarily in exercising its authority.
3) If the judgement or order contains an obvious factual error, the supreme court may issue special leave.
4) The Special Leave Petition (SLP) may be filed if the issue involves a serious point of law of general concern. This implies that the legal problem at hand must be serious and have repercussions beyond the scope of the current case.
We can only argue in an SLP jurisdiction on those facts/ documents/evidence which would have already been produced in the lower courts in hierarchy that the judges in the lower judiciary were able to look at it and adjudicate accordingly [3]. The grounds to be taken are of the type that suggests that the lower court was at error because it neglected the important facts and erred in considering them.
2.2 Engaging an Advocate
Hiring an advocate to file a Special Leave Petition (SLP) is an essential step in the legal procedure, especially if you want appeal to the Supreme Court. Before engaging an advocate, you must ensure that the attorney you select is knowledgeable in the precise field of law associated with your case. Special Leave Petitions can include complicated legal concerns and a professional in the sector can give useful advice on such matters. An advocate would help you enhance your argument by referencing pertinent legislation, precedents, and legal authority. Proper and appropriate research strengthens the points offered in the Special Leave Petition or SLP.
2.3 Drafting the Special Leave Petition
Certainly, creating a Special Leave Petition (SLP) necessitates attention to detailed as well as respect to the stipulated structure and standards. The next step consists of drafting the Special Leave Petition. The SLP must be properly made, focusing on the legal concerns at stake. It should include a brief summary of the facts, the reasons for filing the SLP and the legal issue that requires the Supreme Court's attention. The petition must be in an appropriate format and adhere to the Supreme Court Rules 2013. For this particular step it is preferable to take professional legal assistance for drafting the Special Leave Petition (SLP).
2.4 Court Fee and Affidavit
The petitioner must select the court fees and provide an affidavit of honest intent, which states that the facts are factual and that the petition was not submitted for any other reason. The court fees must be paid using a demand draft made in favour of the Supreme Court Registrar.
2.5 Filing the Petition
The Special Leave Petition can be filed by submitting the documents at the Supreme Court filing counter or online through the Supreme Court E-filing system. The applicant must submit all the relevant documents, including a copy of appealed ruling and any remaining supporting documents.
2.6 Service of Notice
Following the filing of the petition, the applicant has to deliver a copy of it to the opposing party and the proof of this service must be submitted to the court.
2.7 Listing of the Petition
Once a Special Leave Petition is filed, it is presented to the judicial officer for review. If the officer believes the petition has fact, it will be scheduled for a hearing before the relevant bench. The petitioner's advocate will be notified of the hearing date. This is not an appeal but a petition filed for an appeal. After the filing of SLP, the Supreme Court may hear the matter and if it deems fit may grant leave and that petition will be converted to appeal. After that SLP shall become an appeal and the court may hear the matter and accordingly pass judgment[4]. It is vital to note that the Supreme Court has the power to either grant or deny the petition at this point.
2.8Arguments and Decision
The petitioner's attorney will make oral arguments before the bench on the designated date. Once the Supreme Court has heard the arguments from both the parties, they then come to a conclusion based on the lawfulness of the dispute whether to grant Special Leave Petition or not.
2.9 Post-Decision Proceedings
This step concludes that if the Supreme Court has approved the Special Leave Petition, then further proceedings will take place and on the other hand if the Supreme Court denies the SLP then in that case the decision of the lower court and the tribunal is upheld.
3. Case Laws
3.1 Laxmi Co. v. Anand R Deshpande [5]
It was held by the Supreme Court that the court takes notice of subsequent events while hearing appeals under Article 136 of the Indian Constitution to shorten litigation, to preserve the rights of both the parties and to subserve the ends of justice.
3.2 Kunhayammed v. State of Kerela [6]
It was held that The Court has a choice to grant SLP and if the court does not grant leave on its findings, then the appellate jurisdiction of the court does not come into existence.
4. Conclusion
Filing a Special Leave Petition at the Supreme Court of India is time-consuming process that demands an in-depth knowledge of legal concepts as well as strict respect to procedural norms. Seeking expert legal guidance and representation is strongly advised in order to properly negotiate the complexity of SLPs. Petitioners might boost their chances of having their case considered by the highest court in the nation by completing the required processes and adhering to the regulations.
Citations
[1] The Constitution of India, Article 136
[2] Shubham Mongia "How To File Special Leave Petition (SLP) In The Supreme Court Of India" available at: https://www.legalserviceindia.com/legal/article-1494-how-to-file-special-leave-petition-slp-in-the-supreme-court-of-india.html#:~:text=SLP%20can%20be%20filed%20in,in%20the%20territory%20of%20India (Last visited on January 3, 2024)
[3] Bhagwan Dass Ahuja "Filing of Special Leave Petition (SLP) in the Supreme Court of India | Law Procedure" available at: https://www.linkedin.com/pulse/filing-special-leave-petition-slp-supreme-court-india-ma-llb-llm (last visited on January 12, 2024)
[4] Ajay Gatum "SLP Special Leave Petition in Supreme Court of India" available at: https://www.linkedin.com/pulse/slp-special-leave-petition-ajay-gautam-advocate-x9g6f#:~:text=This%20is%20not%20an%20appeal,matter%20and%20accordingly%20pass%20judgment(Last visited January 3, 2024)
[5] Laxmi Cov.Dr. Anant R. Deshpande, 1972 AIR 1973 SC 171
[6] Kunhayammed Orsv.State of Kerala, 2000 AIR 2000 SC 2587
