Understanding the Indian Special Leave Petition: A Handbook for Lawyers and the General Public

Special Leave Petition (SLP) is a powerful legal mechanism  which is discretionary in nature  that is to say the Hon’ble Supreme Court may if it finds that due process of law has not been followed or there has been gross miscarriage of justice may entertain the Special Leavae petition and thereby grant leaave to appeal.In this article, we will see  a comprehensive guide to the entire process of filing SLP , including the criteria for filing an SLP, the grounds on which the Supreme Court may grant an SLP, and the procedural requirements for filing an SLP.

Fulfilling the Criteria for Filing an SLP:

The Supreme Court is not required to hear every case brought under the SLP. In order to file an SLP, a litigant must first obtain special leave from the Supreme Court. Only in exceptional circumstances is special leave granted, and the Supreme Court will consider the following factors when deciding whether to grant special leave:

1. The case raises a question of law of general public importance.
2. The case involves a miscarriage of justice.
3. The case involves a serious violation of fundamental rights.

Grounds on which the Supreme Court may grant Special Leave Petition In India:

The Supreme Court will consider the merits of the case before granting the Petitioner  special leave. The Supreme Court may grant leave on  any of the following grounds:

1. The decision of the lower court is contrary to the law.
2. The decision of the lower court is based on an incorrect interpretation of the law.
3. The decision of the lower court is perverse or unreasonable.

Procedural Requirements for Filing a Special Leave Petition in India:

In order to file an SLP, a litigant must follow certain procedural requirements. These requirements include the following:

1. Filing a petition: The litigant must file a petition for special leave to appeal to the Supreme Court. The petitioner must clearly state the grounds on which they seek special leave with questions of law involved and must accompany the statement with supporting documents.
2. Paying a fee: The litigant must pay a fee o at the time of filing the petition.
3. Serving notice: The litigant must serve notice of the petition on the respondent(s) and on any other parties who may be interested in the case when a caveat petition has already been filed . You may refer to  Caveat India for filing a caveat Petition.
4. Providing copies: The litigant must provide the Supreme Court with copies of all relevant documents and records after notice is issued in case there is no caveat petition already filed.
5. Appearing before the court: The Petitioner must appear before the Supreme Court on the date of the hearing  when the case is listed for hearing and present his case  in support of the petition.

Conclusion:

Special Leave Petition provides an opportunity for a litigant to exercise his or her right to inform the Hon’ble Court as a last opportunity that there has been gross miscarriage of justice and that the Hon’ble Court may consider the same and grant relief. Drafting a petition for  filing a Special leave Petition is  complex and challenging, and has to be drafted with  expert legal assistance, whereby  litigants can hope for a final redressal of their grievance  in their efforts to seek justice. Therefore if a litigant is desirous of filing  an SLP, it is important to seek the advice of an experienced legal practitioner who can guide one through the process and help  present the  case effectively and efficiently before the Supreme Court.

Also read: Caveat Petition – A brief review

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