Sr.
Counsel of Shri KML Asthanaji
raised the 'Maintainability of SLPs ' in
the Supreme Court on 08-04-2015
(may not be at the cost of core
issues?). Shri. Asthanaji
is the
right person to enlighten his comrades,
fellow pensioners why
they preferred
to take resource to raise the issue of
'Maintainability'.
He may disclose the
facts if the court etiquettes do not
come in the
way to share information
or divulgence is not inappropriate.
A brief on the legal concept of "Maintainability" : for understanding of common/lay persons
The
Constitution of India under Article 136 vests the Supreme Court of
India with a special power to grant special leave, to appeal against any
judgment or order or decree in any matter or cause, passed or made by
any Court/tribunal in the territory of India. This
is special power, bestowed upon the Supreme Court of India which is the
Apex Court of the country, to grant leave to appeal against any
judgment in case any substantial constitutional question of law is
involved, or gross injustice has been done. "Special leave petition" or
SLP hold a prime place in the Indian judicial system. It provides the
aggrieved party a special permission to be heard in Apex court in appeal
against any judgment or order of any Court/tribunal in the territory of
India.
Special Leave petition or SLP can be presented under (among other) following circumstance:
- SLP can be filed against any judgment or decree or order of any High Court /tribunal in the territory.
- SLP can be filed against any judgment of High Court within 90 days from the date of judgement.
- Or SLP can be filed within 60 days against the order of the High Court refusing to grant the certificate of fitness for appeal to Supreme Court.
Contents of SLP:
- This petition is required to state all the facts that are necessary to enable the court to determine whether SLP ought to be granted or not. The petition should also contain statement that the petitioner has not filed any other petition in the High court.
The scope of power vested with the Supreme Court of India under Article 136
The
constitution of India vest "discretionary power" in the Supreme Court
of India. The Supreme Court of India may in its discretion be able to
grant special leave to appeal from any judgment or decree or order in
any matter or cause made or passed by any Court/tribunal in the
territory of India. The Supreme Court of India may also refuse to grant
the leave to appeal by exercising its power.
It
is discretionary power vested in the Supreme Court of India and the
court may in its discretion refuse to grant leave to appeal. The
aggrieved party cannot claim special leave to appeal under Article 136
as a right, but it is privilege vested in the Supreme Court of India to
grant leave to appeal or not.
SN.(Summarised from net information)