A five-judge constitution bench of the Supreme Court has been asked to come up with guidelines for entertaining special leave petitions (SLP). Responding to an SLP in Mathai v George on 19 March, the Supreme Court said it should not have had to hear the case and made the following comment:
“Nowadays all kinds of special leave petitions are being filed in this court against every kind of order.” The bench added that as a result the court has been converted into an ordinary appellate court.
The court noted that while article 136 of the constitution gives the Supreme Court discretion to grant special leave to appeal any judgment, decree, determination, sentence or order in any cause or matter passed or made by any court or tribunal in India, it did not say “in what kind of cases” this discretion should be used.
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The update of court judgments is compiled by Bhasin & Co, Advocates, a corporate law firm based in New Delhi. The authors can be contacted at lbhasin@vsnl.com. Readers should not act on the basis of this information without seeking professional legal advice.
