guidence when slp is dismissed without assigning reason
tej
(Querist) 11 November 2010
This query is : Resolved
the slp is dismissed without assigning any reason. the slp is based on strong law points as well the facts. there are defects on face of record.
what remedy is left to petitioners in such case ?can he file letter petition?should he go for review?or should he go for curative petition?
tej student
aman kumar
(Expert) 11 November 2010
he should go for review.
Debasish Hota
(Expert) 11 November 2010
The Petitioner should go for review.Then he/she should prefer for curative,if required.
R.Ramachandran
(Expert) 11 November 2010
Whether to grant Special Leave to Appeal (SLP) or not is purely a discretionary relief.
On Mondays and Fridays (being miscellaneous matters day) the SC dismisses many SLPs without assigning any reasons. Only a few SLPs get admitted.
Given this scenario, the dismissal of SLP without giving any reason is not a new thing.
In the instant case, the SLP having been dismissed at the threshold, the chances of any success by filing review petition is quite bleak. This I am saying since even in cases where the cases have been dismissed by the Supreme Court by reasoned orders, when review petitions are filed they are being disposed of in chambers and they hardly succeed.
Further, the filing of 'curative petition' though is a technical possibility, yet even for maintenance of the curative petition one has to satisfy the following minimum conditions:
Curative Petition - A person -- who is aggrieved by a final judgment or order of the apex court, after a petition for `review' of the same has been dismissed -- is entitled to relief of `ex debito justicae' if he establishes:
(1) violation of principles of natural justice in that –
- he was not a party to the `lis' (legal dispute) but the judgment adversely affected his interests; or,
- if he was a party to the lis, he was not served with a notice of the proceedings and the matter proceeded as if he had notice; and
(2) where in the proceedings a learned judge failed to disclose his connection with the subject-matter or the parties giving scope for an apprehension of `bias' and the judgment adversely affects the petitioner.
Since the matter relates to re-examination of a final judgment of the Supreme Court, though on a limited ground, the `curative petition' has to be first circulated to a Bench of three senior-most judges and the judges who passed the judgment complained of, if available.
It is only when a majority of the learned judges on the Supreme Court conclude that the matter needs hearing that it should be listed before the same Bench (as far as possible) which may pass appropriate orders, and that it shall be open to the Bench at any stage of consideration of the `curative petition' to ask a senior counsel to assist it as amicus curiae.
In case the Senior Advocate is not available, then in that case the curative petition can be filed before the Registrar and it will be then placed by the Registrar before the Court.
In the event of the Bench holding at any stage that the petition is without any merit and vexations, it may impose exemplary costs on the petitioner. The petitioner, in the `curative petition', shall aver specifically that the grounds mentioned therein had been taken in the `review petition' (filed by him after the final judgment) and that it was dismissed by `circulation' and that the curative petition shall contain a certification by a senior advocate.
[Whether there are any other conditions are going to be attached or any other criteria is going to be prescribed is to be seen when the Supreme Court takes up the curative petition filed by the Central Government in the Union Carbide Case relating to Bhopal Gas Disaster.]
Kiran Kumar
(Expert) 11 November 2010
I agree with detailed explanation given by my friend Mr. Ramchandran.
grant of Special Leave by SC is purely a discretionary relief, a litigant can not demand it as a matter of right.
filing of SLP is your right but its not necessary that leave shall be granted....if no case is found prima facie then its liable to be dismissed without any detailed orders.
you may take subsequent steps like review or curative petition but it will just add to your costs and as advised above there is a good chance of costs being imposed in case of frivolous litigation.
tej
(Querist) 16 November 2010
res experts
my query is- if petitioner can file review petition in person against the dismissal of slp without assigning any reason in supreme court and what is the procedure for the same .please guide me with points and authority for the same.also i will like to know if there is specific format for the same. can the petitioner file the review petition by e filing in supreme court. if yes what is the procedure
tejstudent
R.Ramachandran
(Expert) 16 November 2010
Dear Mr.Tej,
In person review petition can be filed in Supreme Court by an individual without the assistance of an Advocate on Record.
It is the normal format like any other petition.
It has to be filed in the Supreme Court Registry.
The Review Petition can also be filed using the e-filing facility. For e-filing you have to register in the website and then you can file.
If you are not familiar with the procedure, it would be advisable to go through the Advocate on Record.
