Appeal to supreme court

Querist : Anonymous (Querist) 24 October 2010 This query is : Resolved
Dear Counsels,

The final order on a writ appeal is to challenged before the supreme court. Is it mandatory to get the permission of the high court for leave to file a SLP before the supreme court.

Will there be any issue if the permission of the high court was not sought for appelaing against his final order on the writ appeal. Please clarify.

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s.subramanian (Expert) 24 October 2010
No. It is not absolutely necessary.

R.Ramachandran (Expert) 24 October 2010
Normally one is to obtain the leave of the High Court to prefer an appeal to the Supreme Court against any of the decisions of the High Court.
However, instead of obtaining the leave of the High Court, one can apply for Special Leave to Appeal (SLP) under Article 136 to the Supreme Court directly.
In case the Supreme Court is convinced that such special leave is to be granted, it will so grant it or reject the leave.
If the leave is granted, then the SLP will be converted into either Civil Appeal or Criminal Appeal, depending upon the nature of the case.