Special Leave Petition (SLP) (Criminal & Civil)

A Special Leave Petition (SLP) is an extraordinary legal remedy under Article 136 of the Constitution of India. It allows an aggrieved party to seek special permission ("leave") from the Supreme Court to appeal against any judgment, decree, or order from any court or tribunal in India. 

Key Characteristics

• Discretionary Power: Filing an SLP is not a matter of right but a privilege granted at the sole discretion of the Supreme Court.
• Broad Scope: It can be filed against final or interim orders in any cause or matter—civil, criminal, or taxation—from any court or tribunal.
• Major Exception: An SLP cannot be filed against judgments or orders from a court or tribunal relating to the Armed Forces.
• Residuary Power: It is used as a "safety valve" to ensure justice when a substantial question of law is involved or a gross miscarriage of justice has occurred. 

Filing Timeline for 2026

• Standard Deadline: Generally 90 days from the date of the judgment or order.
• Refusal of Certificate: If a High Court refuses to grant a "Certificate of Fitness" for appeal to the Supreme Court, the SLP must be filed within 60 days of that refusal. 

Procedure & Requirements

1. Drafting: The petition must include all facts, the specific questions of law involved, and a prayer for the relief sought.
2. Mandatory Signatory: Every SLP must be signed and filed by an Advocate-on-Record (AOR).
3. Required Documents:
   • Certified copy of the judgment being challenged.
   • Affidavit verifying the petition.
   • A statement declaring that no other similar petition has been filed in any other court.
4. Hearing Stages:
   • Admission Stage: The court hears preliminary arguments. If satisfied, it grants "leave" to appeal, and the SLP is converted into a regular civil or criminal appeal.
   • Final Hearing: If admitted, the case is heard in detail before a final judgment is passed. 

Legal Significance of Rejection

• Doctrine of Merger: Dismissal of an SLP, especially without a detailed "speaking order," does not mean the Supreme Court has affirmed the lower court's reasoning; the doctrine of merger does not apply.
• No Binding Precedent: A summary dismissal does not establish a binding legal precedent under Article 141.