This article discusses the key elements of an Affidavit typically filed in support of a Special Leave Petition (SLP) before the Supreme Court of India.

Affidavit in Support of Special Leave Petition (SLP) before the Supreme Court of India -Key Points:

• Purpose: The Affidavit is a sworn statement by the petitioner, verifying the truthfulness of the facts and documents presented in the SLP.
• Contents:
  • Verification of Petitioner’s Identity: The affidavit begins by establishing the petitioner’s identity and confirming their authority to swear the affidavit.
  • Verification of SLP Contents: It verifies the accuracy of the SLP, including the List of Dates, Synopsis, and any accompanying applications (e.g., for exemption from filing translations).
  • Confirmation of Facts and Documents: The affidavit confirms that the SLP is based on the pleadings and documents presented before the High Court and that no additional facts or grounds are being introduced.
  • Necessity of Annexures: It states that the annexed documents are essential for understanding the legal issues raised in the SLP.
  • Verification of Document Authenticity: The affidavit confirms that the copies of documents annexed to the SLP are true copies of the originals.
  • Confirmation of Party Names: It confirms that the names of the parties in the SLP are the same as those before the High Court.
  • Instructions to Advocate: The affidavit states that the petitioner has instructed their advocate on record to file the SLP based on the information provided in the affidavit.

Special Leave Petition and Affidavit in the Supreme Court of India

In the realm of India’s legal landscape, the Supreme Court stands as the highest judicial authority, where complex and significant legal matters are adjudicated. One such mechanism under the Supreme Court’s jurisdiction is the Special Leave Petition (SLP), governed by Order XXI, Rule 3(1)(a) of the Civil Appellate Jurisdiction, under Article 136 of the Constitution of India.

Special Leave Petition (C) No. _____ of 20__

BETWEEN: ABCD ….PETITIONER

VERSUS

Union of India & Ors. ….RESPONDENTS

Affidavit:

To: Hon’ble The Chief Justice of India And His Companion Judges of the Supreme Court of India

The Humble application of the Petitioner above named most respectfully showeth:

1. I, _____________, aged about ___years, son/daughter of Sh. ___________, resident of ________________ __________________ ______________, presently residing in New Delhi, solemnly affirm and declare as follows:
2. That I am the Petitioner in the aforementioned Special Leave Petition and am well conversant with the facts and records of the case, thereby competent and authorized to swear this affidavit.
3. That I have read the contents of the List of dates and Synopsis (Pages ____ to ___), the Special Leave Petition (Pages ___ to ___, para __ – ___), the Application for Exemption from filing official translation (Pages ___ to ____), and the Application for permission to include additional grounds. The contents thereof are true and correct to the best of my knowledge and based on the records of the case.
4. I state and certify that the Special Leave Petition is confined solely to the pleadings before the Hon’ble High Court, whose order is under challenge, and to the other documents relied upon in those proceedings. No additional facts or grounds have been introduced or relied upon in the Special Leave Petition.
5. I further state and certify that the documents/Annexures attached with this Special Leave Petition are essential to address the questions of law raised in the petition or to support the grounds presented for consideration by this Hon’ble Court.
6. I further state that all the Annexures to this Special Leave Petition are true copies of their respective originals.
7. I further state and submit that the names of the parties remain the same as those before the Hon’ble High Court.
8. I state that I have instructed my advocate on record accordingly, and the Special Leave Petition and the accompanying documents, including the application for exemption, have been drafted based on my instructions as stated above. I fully understand and am aware that my instructions will form the basis for the advocate on record to file a certificate certifying the above before this Hon’ble Court.

DEPONENT

Verification: I, the above-named deponent, do hereby verify that the contents of the aforesaid affidavit from paragraph ____ to ____ are true and correct to the best of my knowledge. No part of it is false, and nothing material has been concealed therefrom. Verified at New Delhi on this ____ day of _____________ 20__.

DEPONENT

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Importance of the Affidavit:

The Affidavit plays a crucial role in the SLP proceedings. It serves as a formal declaration of the petitioner’s understanding and acceptance of the contents of the SLP. It also helps to ensure that the SLP is based on accurate and truthful information.

Disclaimer: This article is for informational purposes only and does not constitute legal advice.

Note: This is a simplified explanation of the Affidavit. The specific requirements and contents of the Affidavit may vary depending on the nature of the case and the specific instructions of the court.