A Special Leave Petition (SLP) is a request made to the Supreme Court of India seeking special permission to appeal against any judgment or order of any court/tribunal in the country. It is governed by Article 136 of the Constitution of India.

Jurisdiction of SLP

1. Supreme Court Jurisdiction:

• The Supreme Court has discretionary power to grant special leave to appeal against any judgment, decree, determination, sentence, or order in any cause or matter passed or made by any court or tribunal in India (except military tribunals and courts-martial).

2. Scope of Article 136:

• Article 136 is a residuary power, meaning it can be invoked in cases where no other appeal mechanism is available.
• It allows the Supreme Court to intervene in cases where substantial questions of law or issues of grave injustice are involved.

Procedure for Filing an SLP

1. Drafting the SLP:

• The petitioner must draft a petition outlining the facts of the case, the legal grounds for the appeal, and the specific reasons why the Supreme Court should grant special leave.
• It should include the judgment/order against which the appeal is being sought.

2. Filing the SLP:

• The SLP must be filed within 90 days from the date of the judgment/order of the lower court/tribunal.
• If the SLP is filed beyond this period, the petitioner must provide a valid reason for the delay, and the court may condone the delay at its discretion.

3. Preliminary Hearing:

• The Supreme Court conducts a preliminary hearing to decide whether to grant leave to appeal. This is done in the presence of both parties.
• If leave is granted, the SLP is converted into an appeal, and a regular hearing is scheduled.

4. Regular Hearing:

• Both parties present their arguments, and the Supreme Court reviews the case in detail.
• The court may affirm, modify, or set aside the judgment/order of the lower court/tribunal.

Cases Applicable for SLP

1. Civil and Criminal Matters:

• SLP can be filed in both civil and criminal cases.
• In civil cases, it is usually filed when a substantial question of law is involved, or there has been a miscarriage of justice.
• In criminal cases, it can be filed against convictions, sentences, or acquittals.

2. Cases of Public Interest:

• SLP can be used to address matters of public interest, such as cases involving fundamental rights, constitutional issues, or significant legal principles.

3. Lack of Alternative Remedy:

• SLP is often resorted to when no other appellate remedy is available, making it a crucial mechanism for accessing the Supreme Court.

Important Points to Note

• Discretionary Nature: The Supreme Court’s power to grant SLP is discretionary, meaning it is not an automatic right of appeal. The court may refuse to grant leave if it deems the case does not warrant its intervention.
• Condonation of Delay: If the SLP is filed beyond the prescribed time limit, the petitioner must explain the delay. The court has the discretion to condone the delay if a sufficient cause is shown.
• Finality of Decision: The decision of the Supreme Court on an SLP is final and binding.

How to Check SLP Status

When using legal research databases like Manupatra, users can check the status of an SLP related to a specific judgment. Here’s how it works:

• Search on Manupatra: When you make a search on Manupatra, judgments where SLP status is pending/disposed off will have a corresponding icon.
• Green Icon: Indicates that the SLP status is disposed off.
• Red Icon: Indicates that the SLP status is pending.
• Checking SLP Status: Once you open the judgment, the SLP status can be checked from the set of icons on the top right corner of the judgment page. This feature enables users to know whether the SLP status is pending or disposed of, and all orders related to the particular SLP are listed in one place.

Conclusion

A Special Leave Petition (SLP) is a vital legal instrument in India that enables the Supreme Court to exercise its discretionary power to hear appeals against judgments or orders of lower courts and tribunals. Governed by Article 136 of the Constitution of India, the SLP allows the Supreme Court to intervene in cases involving substantial questions of law or grave injustice, providing a crucial mechanism for ensuring justice when no other appellate remedy is available.

The SLP procedure involves drafting a detailed petition, filing it within the prescribed time frame (usually 90 days), and undergoing preliminary and regular hearings. The Supreme Court’s decision to grant or deny special leave is discretionary, emphasizing the importance of presenting a compelling case for appeal.

SLPs can be filed in both civil and criminal matters, and are particularly significant in cases of public interest or where fundamental rights are at stake. While the Supreme Court’s power to grant SLP is not automatic and can be denied, it remains a critical pathway for legal redress and the upholding of justice in the Indian judicial system.

In summary, the SLP serves as an essential tool for accessing the highest court in India, ensuring that justice prevails in cases where significant legal principles or issues of substantial injustice are involved.