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SCOPE OF SPEACIAL LEAVE PETITION UNDER ARTICLE 136 OF THE CONSTITUTION OF INDIA

Article 136 (1) of the Constitution empowers the Supreme Court in its discretion to grant special leave to appeal from any judgment, decree, determination, sentence, or order in any cause or matter passed or made by the Court or tribunal  within the territory of India.

Powers granted to the Supreme Court is very wide. Under Article 136 (1)  any appeal can be entertained from any judgment, decree, determination, sentence or order. The power granted under this Article is discretionary in nature. Special leave jurisdiction of the Supreme Court can not be claimed as of right.

Article 136 (1) does not apply on any order passed by any court or tribunal relating to armed forces.

Although power granted under Article 136 is vast, the Supreme Court has laid down the broad principles within which it would exercise its power. The Supreme Court in Pritam Singh Vs State (1950) SCR 453 was one of the first cases wherein it discussed the scope of Article 136. The Court held that the Supreme Court should entertain petitions under Article 136 only when there is existence of exceptional and special circumstances or substantial and grave injustice has been done or the case presents questions of sufficient gravity.

The Supreme Court generally does not interfere in  Article 136  jurisdiction if alternative and statutory remedies have not been exhausted before approaching it.

The Supreme Court generally does not allow pleading of new facts in Article 136 jurisdiction but new question of law can be submitted before the Court. In exceptional circumstances the Supreme Court can even allow pleading of new facts.

The Supreme Court generally does not interfere in finding of facts but it can interfere in exceptional cases when finding is such that it shocks the conscience of court or there is violation of natural justice or there is case of substantive and grave injustice.

The Supreme Court does not generally interfere under Article 136 jurisdiction against interlocutory orders but in cases involving grave injustice it may interfere.

The Supreme Court may refuse to grant leave if the Petitioner has suppressed material facts or misleaded the court. The remedy under Article 136, being discretionary and equitable, can also be refused if the Petition has not come with clean hands.

If Special Leave Petition has been dismissed in limine, then subsequent approaching to High Court is not barred

SPECIAL LEAVE PETITION AGAINST SECOND APPEAL

The Supreme Court in  Om Prakash Vs Lauti Ram (1971)3 SCC 868 held that  SLP against decree in second appeal should only be interfered if it involves question of law of general or public importance. The Supreme Court can also interfere if there has not been proper trial or there has been substantial injustice.

SPECIAL LEAVE PETITION IN CRIMINAL MATTERS

The Supreme Court in Dalbir Kaur Vs State of Punjab (1976 ) 4 SCC 158 has observed that the in Special Leave Petition involving criminal matters the Supreme Court should not generally interfere if there is concurrent findings on facts even if different view can be taken on the basis of evidence on record. The Supreme Court should not reappraise evidence unless the view of the High Court  is vitiated by an error of law or procedure or inconsistent with evidence. The Supreme Court can interfere if there is violation of principle of natural justice or mandatory provision of law.

ARTICLE 136 AND STATUTORY BAR

No law passed by the Parliament or the State Legislature can take away power conferred by the Supreme Court under Article 136 of the Constitution. In L. Chandra Kumar Vs Union of India (1997) 3 SCC 261 the Supreme Court has held that Article 136 is part of basic structure of the Constitution, as such it cannot even taken away by amendment of the Constitution.

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Mukesh Kumar Suman is an advocate and legal author based at Delhi. He regularly appears before various Judicial Forums including NCLT, NCLAT, High Courts and the Supreme Court. He can be approached at mukesh_suman@outlook.com or +91 9717864570.

Mukesh Kumar Suman

Mukesh Kumar Suman

Mukesh Kumar Suman is an advocate based at Delhi. He has rich experience in civil, criminal, commercial, arbitration and corporate insolvency matters. He regularly appears before District Courts, NCLT, NCLAT, High Court and the Supreme Court. He can be approached at mukesh_suman@outlook.com or +91 9717864570.

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