What is Special Leave Petition and its applicability?

Article 136 of the Indian Constitution talks about how the Supreme Court has granted special leave to appeal. Regardless of anything stated in this Chapter, the Supreme Court may, at its discretion, grant special leave to appeal from any judgment, decree, determination, sentence, or order in any cause or matter rendered by any court or tribunal within the Indian subcontinent. Any judgment, finding, sentence, or order rendered by a court or tribunal established by or under legislation relating to the Armed Forces must not be subject to the provisions of the clause. The Supreme Court of India is empowered by Article 136 of the Indian Constitution to provide the aggrieved party special permission or leave to appeal the order or verdict rendered by any court or body.

It may be brought against any High Court judgment within 90 days of the judgment's date or against any High Court order that denies a certificate of appealability to the Supreme Court within 60 days.

A party who feels vindicated might file an SLP in opposition to a judgment or an order refusing to issue a certificate. If there is a significant legal issue or there has been a serious injustice committed, an SLP may be filed. By this, the party who has been wronged is given a special permit to appear before the Supreme Court in an appeal against any court's or tribunal's order or decision made within Indian territory. A succinct summary of the case's facts and concerns, as well as a timeline, must be provided by the party who feels aggrieved.

To challenge the verdict, the petitioner must create legal arguments. After filing an SLP and presenting it before the Supreme Court, the petitioner will have the chance to speak in front of the judge. The Court may give notice to the opposing party based on the case's merits, and they must submit a counter affidavit outlining their position. The court will then determine whether to grant leave or not after this. If the Supreme Court grants the request for leave, the case is changed to a civil appeal and will be contested again before the Supreme Court.

Following Article 136 of the Indian Constitution, Special Leave Petitions, or SLPs, may be submitted under the following conditions:

•   Against any ruling, decree, or order issued by a High Court or tribunal on Indian soil.

•   You can appeal to the Supreme Court if the High Court decides not to give the certificate of fitness.

• In Laxmi & Co. v. Anand R. Deshpande, The Supreme Court ruled that to expedite proceedings, protect the rights of both parties and advance the interests of justice, the court considers subsequent developments when hearing appeals under Article 136 of the Indian Constitution.

• In Kerela State v. Kunhayammed, According to the ruling, the court has the option of granting SLP, and if it decides against doing so based on its findings, the court's appellate jurisdiction is not established.

• In the 1950 case of Pritam Singh v. The State, it was decided that barring unusual circumstances, the Supreme Court should not intervene with decisions made by the High Court. Once the appeal has been accepted, the appellant may challenge any legal holding that the High Court has determined to be incorrect. When granting special leave to appeal, the court should use a consistent criterion.

• It was determined that Article 136 of the Constitution is not a regular court of appeal at all in the case of N. Suriyakala v. A. Mohandoss & Ors. To exercise its discretionary authority under the Article, the court may intervene. It merely grants the Supreme Court broad discretionary power to be used for upholding the demands of justice; it does not grant any parties to the dispute the opportunity to appeal.

The Supreme Court of India has the discretion to grant exceptional leave applications under Article 136 of the Indian Constitution. When a legal issue emerges and in extraordinary cases, the Supreme Court may exercise this power. Only judicial decisions are covered under Article 136. Purely executive or administrative decisions are not covered by it. When granting a special leave petition, the Supreme Court is guided by the information provided by the petitioner.

Therefore, the petitioner cannot deceive the court by providing false information. The court may cancel the petitioner's right to appeal if it discovers that the facts that were submitted were false. In the 1963 case of Rajabhai Abdul Rehman Munshi v. Vasudev DhanjlbhaiMody, a comparable circumstance occurred. Additionally, the Supreme Court has the option of refusing to issue a special leave of petition. When there is a serious injustice, it must use its authority.

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