If the High Court judgement is against your case. You have one more option, which is a special leave petition (SLP). Asking for special permission from the Supreme Court. When you don’t have a direct option to appeal the case in the supreme court, you can use SLP. The supreme court may reject or accept it. SLP is mostly used for challenging the high court judgements. File SLP; you need an experienced advocate. That’s why advocate Rajal Rai Dua, a well-known Supreme Court lawyer in Delhi, helps you to file the petition.
Constitutional Basis – Article 136 of the Indian Constitution
Article 136 of the Indian constitution gives the special rights to the Supreme Court. The Supreme Court has the legal right to interfere with the high court or tribunal court judgements. If you have a direct right option to file a petition in the supreme court, use that. Otherwise, you can file an SLP. The supreme court has freedom to accept or reject your petition. And the court analyses your petition if any legal error or injustice happens in the judgement. If any injustice happens, the court can accept your petition. It is a constitutional remedy but not commonly granted for all the cases.
Step-by-Step Procedure to File an SLP
Step 1: Collect Judgement and Documents
Submit the High Court judgement copy and collect the case-related documents, lower court orders and annexeures.
Step 2: Prepare a List of Dates and Case Summaries
Where we shortlist the important dates and events also. And also prepare the case background briefly.
Step 3: Draft the SLP
Clearly draft the relief section, legal issues and facts of the case and use the format based on the court rules.
Step 4: Review and Sign by Advocate-on-Record (AOR)
Only Advocate on Record can file the petition in the supreme court. Review the draft completely and sign by AOR.
Step 5: File the SLP in Supreme Court
Submit the file in the supreme court registry. Where you submit documents in E-file or physical submission both are allowed.
Step 6: Registry Scrutiny and Listing
Where the registry checks any defect in the document. Where defects clear the case move to listing the hearing process.
Step 7: Admission Hearing Before Supreme Court
Where the supreme court decides to reject or accept the petition. If it is accepted, send the notice and move to the hearing stage.
Documents Required to File an SLP
The most important document required to file application are:
- Certified copy of High court judgement – High court judgement copies
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- Copies of all lower court orders – Trial court order copies.
- List of Dates and Events – case summary in short timeline format.
- Affidavit – Attach the written statement.
- Annexures – supporting documents
- Vakalatnama – Power of attorney
- Index and Cover Page – Arrange the document orderly.
- Soft copy in PDF (if e-filing) – Upload soft copy in court website.
Drafting an SLP – Essential Elements and Format
- Explain the case facts clearly and briefly and mention why the court can interfere with it.
- Make the legal ground strong; mention here the law should not correctly apply and justice also fails.
- “Question of law” where the high court uses wrong legal rules and the supreme court can interfere with it.
- Where you mention clearly what result or relief you need.
- A list of events and dates is also mentioned in the SLP.
- Submit all the supporting documents.
- Follow the formatting rules and submit the application.
Role of an Advocate-on-Record (AOR) in SLP Matters
In the Supreme Court, a petition is filed only by an Advocate on Record who has the official rights. Where AOR is enrolled in the supreme court, so they only apply the petition. Petitioners don’t have rights to directly apply the file; it is mandatory you need AOR because the supreme court does not accept your petition without their signature. When submitting the documents, clearing the defect, counter-filing and court communication are all done through them. So selecting AOR is the most important one. At Dua’s & Dua’s Advocates and Consultants, Advocate Rajal Rai Dua a respected and experienced Supreme Court lawyer based in Delhi personally leads and guides clients through every step of the process
Timeline and Court Process After Filing
The Registry will check the documents. If any defects happen, return the document into the AOR and correct the documents. Once clear, the documents move to the admission stage where the Supreme Court decides. If accepted, the petition sends the notice where the opposition party submits the counter file.
The next stage is detailed hearing. Sometimes cases are solved in 3 months or maybe years. An experienced advocate, Rajal Rai Dua, a well-known Supreme Court lawyer in Delhi, helps you properly file the petition for the first time.
Types of Reliefs the Supreme Court May Grant
- Judgement reverse – Reverse the high court judgement.
- Stay order – Stop the high court order.
- Rehearing – Case back to the high court
- Compensation – Especially in human rights cases.
- Accept the appeal – If strong legal issues happen.
- Legal clarification – a clear explanation about the law.
- Legal precedent – Create a new law.
Common Reasons Why SLPs Get Dismissed
Reasons SLPs get dismissed are:
- No strong legal ground for filing the petition
- You must show a legal error, not just that you disagree with the outcome.
- If your case doesn’t show any legal error, it must be dismissed.
- Filling without proper reason or time delay.
- Improper document rejected by the registry
- If the same issue applies in another way, the supreme court does not accept it.
- Personal Problem means dismiss it early.
Why Choosing the Right Supreme Court Lawyer Matters
Submitting the file in the Supreme Court, there are strict rules that can be followed. Advocate on Record has the legal right to officially file the petition in the supreme court. When an experienced Supreme Court lawyer can only handle the case strongly. At Dua’s & Dua’s Advocates and Consultants, Advocate Rajal Rai Dua, the best Supreme Court lawyer in Delhi, has years of experience giving you complete guidance from filling out an SLP to the final hearing in the Supreme Court.
