Review Petition (Civil/Criminal): Revisiting Supreme Court Judgments

A Review Petition is a legal recourse provided under Article 137 of the Indian Constitution that allows parties to seek a review of judgments passed by the Supreme Court. It is a powerful mechanism designed to rectify errors that may have crept into the judgment, ensuring justice and fairness.

However, the scope of a review petition is limited to correcting apparent errors, and it must adhere to stringent procedural requirements. Here’s a detailed guide to filing a Review Petition, the essential documents required, and how Legal Light Consulting (LLC) can provide expert assistance.

Review Petition ( Civil / Criminal ) Documents

• Copy of complete set of SLP paper book
• No objection certificate from the Advocate on Record who filed the SLP, if SLP not filed through SCLSC.
• Affidavit for legal services
• Vakalatnama
• English translation of the documents, which are in vernacular.
• Affidavit
• Application for legal services
• Reasons for delay.

Understanding Review Petitions

Review Petitions are filed in cases where a party believes that the judgment contains:

• Apparent errors on the face of the record (e.g., legal or factual mistakes).
• Violation of principles of natural justice.
• Significant omission of crucial evidence or law.

The Supreme Court exercises this power sparingly, as it strives to maintain the finality of its judgments.

Key Documents Required for Filing a Review Petition

1. Copy of the Complete Set of SLP Paper Book

The Special Leave Petition (SLP) paper book includes all pleadings, evidence, and arguments presented during the original case. This document is crucial to reference the grounds on which the judgment was delivered.

2. No Objection Certificate (NOC) from the Advocate on Record

If the Review Petition is not filed through the same Advocate on Record (AOR) who represented the party in the original SLP, an NOC is required. This ensures procedural continuity and avoids conflicts.

3. Affidavit for Legal Services

An affidavit declaring the petitioner’s inability to afford legal representation must accompany the application for legal aid if needed.

4. Vakalatnama

The Vakalatnama authorizes the appointed advocate to represent the petitioner in the Supreme Court. Both the petitioner and the advocate must sign this document.

5. English Translation of Vernacular Documents

If any relevant documents are in a regional language, certified English translations must be provided. This is a mandatory requirement for all Supreme Court submissions.

6. Affidavit

The affidavit supports the Review Petition by affirming the authenticity of facts and documents submitted. It must be signed, notarized, and in the proper format.

7. Application for Legal Services

Applicants who are financially disadvantaged can apply for legal aid through the Supreme Court Legal Services Committee (SCLSC).

8. Reasons for Delay

If the Review Petition is filed after the statutory limitation period of 30 days from the judgment, an explanation for the delay must be provided. Genuine reasons like health issues or procedural delays can lead to condonation of delay.

Filing Procedure

1. Drafting the Review Petition: The petition must clearly state the grounds for review, focusing on apparent errors or violations.
2. Compilation of Documents: Ensure all necessary documents are annexed and in the required format.
3. Filing with the Supreme Court Registry: Submit the petition and supporting documents to the registry for scrutiny.
4. Preliminary Review: The Review Petition is typically considered in chambers by the same bench that delivered the judgment, unless otherwise directed.

Importance of Expert Legal Representation

Given the narrow scope and technical nature of Review Petitions, expert legal guidance is indispensable. Skilled advocates can identify the strongest grounds for review and present the case persuasively.

Legal Light Consulting (LLC) is a trusted name for legal representation in Supreme Court matters, including Review Petitions.

Why Choose LLC for Your Review Petition?

• Specialized Knowledge: LLC’s advocates are highly experienced in drafting and arguing Review Petitions, ensuring every detail is meticulously addressed.
• Strategic Advice: The firm provides personalized strategies to maximize the chances of success.
• Comprehensive Support: From document preparation to representation in court, LLC handles every aspect of the case.

Conclusion

Filing a Review Petition is a critical step for parties seeking to rectify errors in Supreme Court judgments. While the chances of success are limited, a well-prepared petition backed by expert legal representation can make a significant difference.

For professional assistance with your Review Petition, contact Legal Light Consulting (LLC). Their experienced lawyers will guide you through the complexities of the process and ensure your case is presented effectively.

Contact LLC today to safeguard your legal rights and seek justice in the Supreme Court of India.