Procedure for Filing a Special Leave Petition in Supreme Court (Criminal)
Procedure for Filing a Special Leave Petition in Supreme
Court (Criminal)
- Drafting
the Petition: The petition should contain a clear statement of facts,
grounds for seeking leave, and legal arguments.
- Documents
Required:
- Certified
copy of High Court Judgment.
- High
Court paper book.
- Copy
of FIR.
- Copy
of Evidences.
- Trial
Court judgment.
- Reasons
for delay, if any, in approaching the Hon'ble Supreme Court.
- Certificate
of imprisonment.
- Application
for legal services.
- Affidavit
for legal services.
- Vakalatnama.
- English
translation of the documents, which are in vernacular.
- Affidavit
in support of SLP.
- Filing
the Petition:
- The
petition is filed in the Supreme Court Registry.
- It
should be filed within 90 days from the date of the High Court’s
judgment.
- Preliminary
Hearing:
- The
Supreme Court examines the petition to determine whether leave should be
granted.
- If
leave is granted, the case proceeds to a full hearing.
- Final
Decision:
- The
Supreme Court may grant relief, dismiss the petition, or remand
the case for fresh consideration.
Time Limit for Filing SLP (Criminal)
- The
petitioner must file the SLP within 90 days from the date of the
judgment.
- In
case of a refusal of a certificate of appeal by the High Court, the
SLP must be filed within 60 days.
Important Case Laws on SLP (Criminal)
- Pritam
Singh v. State (1950): Established the principle that the Supreme
Court exercises discretion in granting special leave in rare and
exceptional cases.
- Babu
v. State of UP (1965): Highlighted the importance of SLP in cases of
miscarriage of justice.
- K.K.
Velusamy v. N. Palanisamy (2011): Explained when an SLP should be
entertained by the Supreme Court.
The Special Leave Petition (Criminal) serves as a
crucial legal mechanism for individuals seeking justice beyond the appellate
jurisdiction of High Courts. While the Supreme Court exercises its discretion
in granting SLPs, this extraordinary remedy ensures that fundamental rights are
protected, legal errors are rectified, and justice prevails in criminal
matters.
If you are considering filing an SLP (Criminal), it
is advisable to consult an experienced Supreme Court advocate to
navigate the complex legal procedures effectively.
