SLP-Special Leave to appeal
The Supreme Court is mainly an appellate court and can entertain appeals both in the Civil and Criminal matters if certain specified requirements are met with. The appeals may be filed against the judgment/order of the various High Courts and as well as the Subordinate Courts.
SPECIAL LEAVE TO APPEAL
If the High Court refuses to certify a case as above said or if any of the conditions as above said are not fulfilled any party the case can seek special leave to file appeal from the Supreme Court itself.
The Supreme Court may grant special leave to appeal from any judgement, decree, determination, sentence or order in any cause or matter passed as made by any court as tribunal. However, special leave to appeal cannot be obtained to challenge any judgement, determination, sentence or order passed as made by any court as tribunal constituted by as under any law relating the Armed Forces.
CIVIL SPECIAL LEAVE PETITION
The party desirous of seeking special leave to appeal is required to file a special leave petition in a specified format.
- A detailed description and address of the parties and their status in the High Court in the form of the memo of parties is to be mentioned in the very beginning of the petition.
- Details pertaining to the judgement/order challenged in the petition.
- Questions of law arising for consideration in the petition.
- Declaration to the effect that no other petition seeking leave to appeal has been filed by the appellant against the same judgement/order.
- Declaration to the effect that the documents filed with the petition are true and form part of the record of the courts below.
- Ground for filing the appeal.
- Grounds for seeking interim reliefs (reliefs such as stay etc sought from the court pending disposal of the appeal by the court).
- Lastly main prayer or relief sought in the petition and the interim prayer ( reliefs such as stay etc pending disposal of the appeal by the court).
- At the end, place and date of preparing and filing the petition and as well as name of the advocate has to be mentioned. Along with the petition, a concise note regarding the relevant events and incidents and as well the proceedings in the subordinate courts and the High Court is to be submitted in a chronological order. This note is referred to as the list of dates.
- Petition should be confined to the submissions relied on by the appellant in the courts below. But the appellant may with due notice to the opposite party and with leave of the court may submit additional grounds at the time of hearing.
- Every petition is required to be supported by the affidavit of the appellant or by any person authorised by the appellant.
The petitioner is required to file 4 sets of the petition & accompanying papers.
The person filing a special leave petition is required to pay court fee as per the scheduled table of court fees.
The special leave petition has to be filed within 60 days in case the certificate of fitness to appeal to Supreme Court is refused by the High Court. The period of sixty days is calculated from the date of the order of refusal by the High Court.
In other cases, the period of limitation is 90 days from the date of judgement or order challenged in the special leave petition. However, while computing the period of limitation, the period of time spent in making the application to seek certificate in the High Court till its rejection is to be excluded.
CRIMINAL SPECIAL LEAVE PETITION
- The petition seeking special leave to file a criminal appeal should coherently and concisely state all such facts as may be necessary to enable the court to determine whether the special leave should be granted.
- The petition has to be duly signed by the Advocate for the petitioner unless the petitioner appears in persons. The petition should also state if the petitioner had moved the High Court concerned for leave to appeal against its decision and the order of the High Court regarding the same.
- The petition should also clearly mention a statement as to whether the petitioner had filed any petition for special leave to appeal against judgement / order under challenge. Earlier if such a special leave petition had been filed earlier, its result should also be mentioned duly supported by an affidavit of the or any other person duly authorised by the appellant.
- The submissions in the petition should be confirmed only to the pleadings already made before the court / tribunal whose order is challenged and the other documents relied upon in these proceedings. No additional facts, documents as ground can be stated as relied upon without permission of the court.
The Petition is to be accompanied by:
- A certified copy of the judgement or order appealed from and
An affidavit in support of the statement of facts contained in the petition.
In case the appellant has been sentenced to a term of imprisonment, the petition should mention clearly if the petitioner has surrendered where the petitioner has not surrendered to the sentence. The court cannot hear the petition unless the court exempts the petitioner from surrendering.
No court fee is payable or filing a criminal special leave petition.
The criminal special leave petition has to be filed within 60 days if leave to appeal was refused by the High Court. The period of sixty days has to be computed from the date of refusal. The period of limitation in any other case not involving sentence of death is 90 days from the date of judgement or order appealed from and in case involving a sentence of death is 60 days.
But while computing the period of limitation, the period of time spent in making application to High Court for seeking leave and its rejection there after, wherever applicable will be excluded.
The Supreme Court is the highest court of land and no appeal lies from its judgement and order to any court or Forum. But Supreme Court has power to review its own judgement. The petition for review has to be filed within 30 days from the date of judgement detailing the ground on which the review is sought. The review can be sought both in Civil and Criminal cases if there is any error apparent on the face of record or there is any miscarriage of justice.
The prescribed court fees have to be paid with the review petition.