Special Leave Petition
Special leave petition, also known as SLP is an appeal against the order or judgment of the High Court or Trial Court, heard by the Supreme Court of India. It is a special permission obtained by the petitioner to be heard at the Supreme Court. After hearing the concern, the Supreme Court can grant the leave and convert the petition into an appeal. It is a right of an aggrieved individual to be heard at the apex court. Also, the same can be taken by filing an SLP in the Supreme Court.
This appeal can be listed in a select category, and it may not follow the general hierarchy of court. Article 136 of the Constitution of India permits SLP to file in the Supreme Court arising from the judgment/order of any court in the Indian territory.
Article 136
SLP can be filed against:
- Any judgment or order passed by any Trial Court/High Court in the territory of India.
- The approach of the trial court/high court in the judgment/order given is wrong or inappropriate.
- The High Court rejects the grant of certificate of fitness for appeal to Supreme Court.
- Inadequate legal approach or Serious legal weakness etc
Limitation
SLP should be filed within 90 days from the date of judgment/order. The period for filing SLP is flexible depending on the discretion of the Supreme Court. An appeal against the judgement for refusal of grant of certificate of fitness shall be filed within 60 days in Supreme Court.
Contents
The SLP includes summary of facts of the case which must help in the understanding of the court for dismissal/admission of the petition. A lawyer on record must sign the petition. It shall also include an accredited copy of the judgment of the court along with the evidences/documents bought up before the trial court. New facts shall not be bought up in the SLP filed before the Supreme Court, that has not been pleaded before the court.
Scope
The Supreme Court may decide to entertain SLP depending upon its applicability. It is the power of the Supreme Court to grant SLP or decline the same. An aggrieved party contacts the apex court against the order of the High court or Trial court regarding any criminal, civil or constitutional issue.
The power of the Supreme Court in this regard is not limited. The SLP is granted by the Supreme Court in exceptional cases only. Appeal made to Supreme Court is not just a right, but a privilege to a person who’s right and liberty is denied or affected.
Article 133 of the Indian Constitution provides for civil appeal emerging from the judgment/order of the High court.
Article 134 of the Indian Constitution provides for a criminal appeal.
The appeal should include an essential question of legal error, law, wrong facts or findings reported, contractions with the settled principle of law, to be admitted by the Supreme Court of India.
The Supreme Court enjoys exceptional jurisdiction given by the Constitution of India to rectify legal errors made by the courts below.
Conclusion
SLP is a constitutional remedy. SLP holds a place in the Indian Judicial System. The Supreme Court has the purpose of laying down the law for the court below across the country. It holds residual powers to be exercised only in the case of gross injustice or error of law or when a substantive question of law is involved. Its primary purpose is correcting the miscarriage of justice by using the discretionary powers.
When the apex court senses that some injustice is committed it would interfere and grant special leave. The order of the Supreme Court has a binding effect deciding the law on the subject matter. However, it doesn’t need to be a binding precedent.
While transferring a case, the court shall consider the convenience of the prosecution, accused, witnesses and also the interest of the society at large.
