What is a Special Leave Petition (SLP)?

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Overview:

The Supreme Court (SC) recently highlighted that Special Leave Petitions (SLPs) in criminal cases often lacked crucial information.

About Special Leave Petition (SLP)

  • The Supreme Court of India has been given extraordinary jurisdiction under Article 136 of the Constitution.
  • By virtue of this Article, the court can 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 (with the exception of military tribunals and court martial).
  • It can only be exercised when a substantial question of law or gross injustice has been committed.
  • A judgement, decree, or order need not be final for an SLPAn interim or interlocutory order, decree or judgement can also be challenged.
  • It is a discretionary/optional power of the SC and the court may, in its discretion, decrease to grant leave to appeal.
  • The aggrieved party can’t affirm a special leave to offer under Article 136 as a right.
  • Who can file an SLP?
    • Any aggrieved party can file SLP against judgement or order of refusal of grant of certificate for appeal to SC.
    • An SLP can be filed for any civil or criminal matter, etc.
  • Time limit to file SLP:
    • It can be filed against any judgment of the High Court within 90 days from the date of judgment or
    • It can be filed within 60 days against the order of the High Court refusing to grant the certificate of fitness for appeal to SC.
  • Procedure for a Special Leave Petition (SLP):
    • A SLP must contain all the facts upon which the SC is to decide, which revolve around the grounds on which an SLP can be filed. 
    • The said petition needs to be duly signed by an Advocate-on-Record.
    • The petitioner must include a statement within the SLP stating that no other petition has been filed in a High Court.
    • Once the petition is filed, the SC will hear the aggrieved party and depending upon the merits of the case, will allow the opposite party to state their part in a counter affidavit.
    • After the hearingif the Court deems the case fit for further hearing, it will allow the same; otherwise it will reject the appeal.

 


Q1) What is a court martial in India?

A court martial is a type of military court that is empowered to try members of the armed forces for offenses committed under military law. The purpose of a court martial is to maintain discipline and order within the military by ensuring that members of the armed forces are held accountable for their actions.

Source: SLPs In Criminal Cases Don't Divulge Crucial Information : Supreme Court Says Changes In Rules Of Practice Needed