SPECIAL LEAVE PETITIONS (SLPS)

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Context: The Supreme Court of India highlighted that in criminal cases, appeals for Special Leave Petitions (SLPs) often lack crucial details about the accused, the charges, and the trial progress.

Details

• The Supreme Court of India pointed out a problem with Special Leave Petitions (SLPs) in criminal cases. These appeals often lack crucial information such as details about the accused, the charges, and the progress of the trial.
• Due to the lack of essential information in these appeals, the Supreme Court emphasized the need for new rules. These rules would ensure that all necessary details are provided in SLPs, preventing unnecessary delays and making the legal process more efficient.
• The Court's decision came during a specific case where a person was seeking bail after being charged with drug-related offences. This context underscores the importance of providing accurate and comprehensive information in such appeals to facilitate fair and timely legal proceedings.

About Special Leave Petitions (SLP)

• Special Leave Petitions play a significant role in the Indian judiciary, and they allow parties to seek permission from the Supreme Court to appeal against any judgment, order, or decree of a court or tribunal within the country.
• Article 136 grants the Supreme Court the discretionary power to grant special leave to appeal. This power can be exercised in cases where a substantial constitutional question of law is involved or when there is a perception of gross injustice.
• The Supreme Court has the discretion to grant or refuse special leave to appeal. This means that an aggrieved party cannot claim this special leave as a right; it is a privilege granted by the Supreme Court.
• SLPs can be filed against judgments, orders, or decrees of any High Court or tribunal in India. They can also be filed when the High Court refuses to grant a certificate of fitness for an appeal to the Supreme Court.
• There are specific time limits for filing SLPs.
  • For judgments of High Courts, SLPs should be filed within 90 days from the date of the judgment.
  • In cases where the High Court refuses to grant a certificate of fitness for appeal, SLPs should be filed within 60 days.
• The SLP should be accompanied by a certified copy of the judgment being appealed against, an affidavit by the petitioner verifying the same, and all the relevant documents that were part of the lower court's proceedings.
• The Supreme Court's power under Article 136 is discretionary, allowing it to grant special leave to appeal or refuse it based on the merits of each case. This power can be used to address constitutional or legal issues and can involve both civil and criminal appeals.

Conclusion

• Special Leave Petitions allow parties to appeal to the Supreme Court against judgments, orders, or decrees in cases involving significant legal or constitutional issues. The Supreme Court has discretionary power to grant or refuse this special leave, ensuring its use in addressing fundamental legal questions and rectifying injustices.

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Curative Petition: https://www.iasgyan.in/daily-current-affairs/curative-petition-33