Special Leave Petition (SLP)

A Special Leave Petition (SLP) is a petition filed in the Supreme Court of India, seeking special leave to appeal against a judgment or order of a lower court. It is a discretionary remedy, which means that the Supreme Court has the power to grant or refuse leave to appeal.

Here are some key aspects of a Special Leave Petition:

Grounds for Filing an SLP

Error of law_: The lower court's judgment is based on an incorrect interpretation of the law.

Error of fact_: The lower court's judgment is based on incorrect or incomplete facts.

Miscarriage of justice_: The lower court's judgment has resulted in a miscarriage of justice.

Procedure for Filing an SLP

1. Filing the petition_: The petitioner files the SLP in the Supreme Court, stating the grounds on which they are seeking special leave to appeal.

2. Listing before the court_: The SLP is listed before a bench of the Supreme Court, usually consisting of two or three judges.

3. Hearing_: The court hears the arguments of the petitioner and the respondent, and may also consider written submissions.

4. Granting or refusing leave_: The court may grant or refuse special leave to appeal, depending on the merits of the case.

Types of SLPs

1. Civil SLP_: Filed against a judgment or order in a civil case.

2. Criminal SLP_: Filed against a judgment or order in a criminal case.

3. Constitutional SLP_: Filed against a judgment or order that raises constitutional issues.

Important Aspects of an SLP

1. Discretionary remedy_: The Supreme Court has the discretion to grant or refuse special leave to appeal.

2. Limited scope_: The Supreme Court will only consider the specific grounds mentioned in the SLP.

3. Time limit_: There is a time limit for filing an SLP, which is usually 90 days from the date of the judgment or order.