Please guide me... I want to file a special leave petition criminal in the supreme court against the order passed by the high court allahabad under section 125 cr. P.c. my lawyer at the high court made the state of U.P. a party to the case. So would i also have to make the State of U.P. a party in the SLP and how would it be mentioned in the cause title of SLP. 1. State of U.P. Through...? Please advise
31 July 2020
Special Leave Petition (SLP) is a kind of petition to seek permission of the Supreme Court to file an appeal.
It can be filed only when the petitioner has a question of law to be raised. No question of fact can be raised in an SLP. The SLP will turn into a normal appeal with a different number when it is admitted.
SLP is filed as per the filing rules of the SC which should be scrupulously followed. It is the Advocate on Record (AOR) who files the SLPs. They are trained in the rules.
The AOR can arrange the argument lawyers as well to argue the case if you have no one else and you are ready to pay their fee. High profile advocates charge from 5 lakh to 25 lakh for 3- 5 minute long argument at the admission stage. But there are others who would charge lower amount.
The party also can argue, but the chance for a party who is not familiar with the processes of the court has limited chancd to get it admitted.
Admission of the petition is purely based on discretion of the court. No reason need to be stated when an SLP is is rejected. Half of the petitions filed by the Senior Advocates get admission but others have only a lower admission percentage.
01 August 2020
You will have to seek permission of Court before filing your petition as "Petitioner-in-Person" to ascertain whether you are competent to assist the Court. It is not mandatory (but compulsory in general) to file any cause, appeal or petition before Supreme Court through an Advocate-On-Record.