Meaning and Concept of Special Leave Petition (SLP)

Special Leave Petition (SLP) holds a chief place in the Judiciary of India. Supreme Court has been provided a residual power that is to be exercised only in cases where arises a substantial question of law or gross injustice has been done.

Under this, the aggrieved party is provided a special permission to be heard in Apex Court in appeal against the order or judgment of any court or tribunal in the territory of India. 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.

Provision for Special Leave Petition (SLP) under Constitution of India

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 judgment, decree, determination, sentence or order in any cause or matter passed or made by any court or tribunal in the territory of India
2. Nothing in clause (1) shall apply to any judgment, determination, and sentence or order passed or made by any court or tribunal constituted by or under any law relating to the Armed Forces.

Article 136 of the Indian Constitution gives power to Supreme Court to grant special permission or leave to the aggrieved party to appeal against the order or judgment passed by any court or any tribunal.

Time limit to file SLP

• It can be filed against any judgment of High Court within 90 days from the date of judgment or
• It can be filed within 60 days against the order of High Court refusing to grant the certificate of fitness for appeal to Supreme Court.

Who can file SLP

SLP can be filed by aggrieved party against the judgment or order of refusal to grant certificate. SLP can be filed in a case where a substantial question of law arises or gross injustice has been done. Under this, the aggrieved party is provided a special permission to be heard in Apex Court in appeal against the order or judgment of any court or tribunal in the territory of India. The aggrieved party has to give a brief synopsis of the facts and issues presented in the case along with the list of dates.

The petitioner has to formulate questions of law to appeal against the judgment. Once SLP is registered and presented in Supreme Court, the petitioner will get an opportunity of being heard before the court. Depending upon the merits of the case, the Court will issue a notice to the opposite party and they will have to file a counter affidavit stating their views. After this the court will decide whether to grant leave or not. If the leave is granted by Supreme Court then the case is converted into a civil appeal and will be argued afresh in Supreme Court.

Case laws:

Laxmi & Co. v. Anand R Deshpande[3]

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.

Kunhayammed v. State of Kerela[4]

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.

REFERENCES

1. https://indiankanoon.org/doc/427855/
2. https://www.lawyersclubindia.com/articles/How-to-File-SLP-in-Supreme-Court-of-India--9337.asp
3. AIR 1973 SC 171
4. AIR 2000 SC 2587

Written by: Adv. Shubham Mongia