Special Leave Petition is a request that can be filed by any party to get another hearing in court even after a tribunal or high court already gave the verdict. This bails special leave petition can only be filed in the Supreme Court against the lower court’s judgment. The petition doesn’t necessarily convert into an appeal until the Supreme Court is content that the law is not applied properly. Only after the Supreme Court is satisfied with the petition’s reason, the special ‘leave’ is granted to the aggrieved party. Therefore, the petition changes into an appeal that the court will hear, and a fresh judgment will be passed.
Who can file a Special Leave Petition?
Any aggrieved individual or party who is certain about a question of law in the verdict ordered to them has the right to file a Special Leave Petition. The petition requires professional knowledge of the law and constitutional articles to draft a document with all the facts and issues. It is highly recommended to hire a lawyer at this point if not done earlier. Pointing out minute faults in the application of the law is an arduous task for a non-professional. A professional lawyer can draft the synopsis which is submitted while filing an SLP. It must include all the facts and issues and the chronologically arranged details of events related to the judgment. The petition’s important part remains the questions of law that your lawyer points out in the given verdict. These issues must apply to the general public then only the petition can be considered and the Supreme Court grants special leave.
How does the Special Leave Petition function?
The Special Leave Petition is a request to appeal in front of the Supreme Court against the orders of lower courts. After the filing of an SLP, it completely depends on the Supreme Court whether to grant the leave or not. If the Supreme court finds the facts as serious issues in applying the law and order, then SLP is granted to the aggrieved party and a hearing is scheduled. The lawyer will represent the aggrieved party and substantiate the merits of the case, which depends on the Supreme court’s decision. A notice is issued to the other party, who file a counter testimony with their views. If the facts lean towards the aggrieved side then only Supreme Court grants the leave. The lawyer can also file a transfer petition in Supreme Court to ask for a fresh hearing of the case in another court as per the party’s convenience.
Hiring a professional lawyer can build up a strong case and ensure legal justice to the aggrieved party. When all the doors seem closed, a professional always knows how to support their client. Bail from Supreme Court can only be issued if your facts are credible and there is an issue of law. More than that, the success of a petition depends on the process, every detail and deadline is important to file a petition in front of the Supreme Court. A professional attorney is a foremost requirement for such cases.
Comments
Post a Comment