Filing an Affidavit of Facts in the Supreme Court of India

When engaging in legal proceedings before the Supreme Court of India, it’s crucial to understand the importance and process of filing an affidavit of facts. This document is a formal statement of the facts relevant to a case, made under oath, and plays a pivotal role in various types of petitions such as Special Leave Petitions (SLPs), Appeals, Writ Petitions (W.P.), and Transfer Petitions (T.P.) in both civil and criminal matters.

Below, we break down the essential aspects of an affidavit of facts and outline a typical format for such a document.

Importance of an Affidavit of Facts

An affidavit of facts is essential because it:

• Provides a sworn statement of the facts relevant to the case.
• Helps the court understand the case from the perspective of the deponent (the person making the affidavit).
• Serves as evidence, supporting the accompanying petition or miscellaneous applications.
• Ensures transparency and accountability, as the deponent affirms that the facts are true to their knowledge.

Essential Components of an Affidavit of Facts

1. Introduction:
   • Includes the title of the court (Supreme Court of India) and the type of jurisdiction (Appellate/Original).
   • Specifies the type of petition (SLP/Appeal/W.P./T.P.) along with its number and year.
   • Identifies the parties involved as Petitioner(s) and Respondent(s).
2. Affidavit Statement:
   • Contains personal details of the deponent, including name, parentage, age, profession, and address.
   • Details the deponent’s role in the case and their familiarity with the case facts.
3. Affirmation of Facts:
   • Affirms that the facts stated in the petition are true to the deponent’s knowledge.
   • States that no similar petition has been filed earlier in the Supreme Court for the same relief.
4. Miscellaneous Petitions:
   • Affirms the truthfulness of facts in miscellaneous petitions, such as stay, condonation of delay, bail applications, etc.
5. Legal Advice:
   • Declares that the facts in specified paragraphs and pages of the petition are based on legal advice believed to be true.
6. Annexures:
   • Confirms that the annexures attached to the petition are true copies of their originals.
7. Verification:
   • A statement by the deponent affirming the truthfulness of the affidavit and ensuring that nothing material has been concealed.

Sample Affidavit Format

IN THE SUPREME COURT OF INDIA

(Appellate/Original Jurisdiction) S.L.P./Appeal/W.P./T.P. (Civil/Crl. …………………….. of 20__)

IN THE MATTER OF: ………………………………..…………….. Petitioner(s)

Versus ………………………………..…………….. Respondent(s)

AFFIDAVIT OF FACTS

I, ………………………………….., Son/Daughter of …………………………., Age …….. years, by profession …………………………………, Resident of ……………………………………., do solemnly affirm and state as follows:

1. I am the pairokar/one of the petitioners/appellants/respondents in the above matter and thus acquainted with the facts of the case.
2. The facts stated in ……………………… the accompanying petition are true to my knowledge and the rest are based on information derived from the case papers and believed to be true.
3. That no Special Leave/W.P./T.P. has been filed in the above matter earlier by me in the Hon’ble Supreme Court against the impugned order/judgement/decree for similar relief.
4. The facts stated in the accompanying Misc. Petition (e.g., Stay, Condonation of delay, Bail application) and their annexures are true and correct to my knowledge derived from the record of the case and my personal knowledge.
5. I say that the facts stated in paragraphs …………………………… to ………………………. and pages ……………………. to ……………. of the Special Leave Petition and pages B to ………………. of the List of Dates are true to my personal knowledge and the submissions made therein are based on legal advice which I received and believe to be true.
6. That the annexures being enclosed with the petition are true copies of their respective originals.

DEPONENT

VERIFICATION I, the above-named deponent, do solemnly affirm and declare that the contents of the foregoing affidavit are true to my knowledge and no part of it is false and nothing material has been concealed. Verified ………………………………….. on this the ……………… day of ……………. 20__

DEPONENT

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Conclusion

An affidavit of facts is a crucial document in legal proceedings before the Supreme Court of India, providing a sworn statement of the facts relevant to the case. Proper preparation, documentation, and professional legal support are essential for a successful legal process.

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